GENERAL CONDITIONS OF USE OF THE PHOTO GALLERY #LAFEMMEORAIJE IN EFFECT AS OF 01/01/2024

SUMMARY :

• Preamble

These General Terms of Use are concluded between HR France, SAS with capital of 1000 Euros, whose head office is located at 94 avenue Victor Hugo, 93300 Aubervilliers, FRANCE, registered in the Trade and Companies Register of Bobigny under number 909 055 410, acting both in its name and on its behalf, and in the name and on behalf of any legal entity controlled by HR FRANCE, any legal entity that controls HR FRANCE, and any legal entity controlled by a legal entity that controls HR FRANCE, it being understood that the term "control" is understood within the meaning of Article L.233-3 of the French Commercial Code (hereinafter referred to as "Oraije" or "We") and any person publishing their photos under the conditions detailed below (hereinafter "You"). The #Lafemmeoraije photo gallery is accessible on the website oraije.com or any other site owned by Oraije (hereinafter referred to as the “Site”).

Article 1: Publication of your photos

There are two ways to publish your photos in the #Lafemmeoraije gallery:

• By uploading your photo to the Site from your computer or phone, or by posting your photo on Instagram by mentioning the account @oraije.paris in the description of your photo. Please note that your profile must be public to see your photos.
• By uploading your photo to the Site or posting your photo on Instagram using the hashtag #Lafemmeoraije or any other hashtag used specifically by Oraije,

You guarantee to Oraije that:

• You are eighteen years of age or older;
• You took the photo yourself and have all image and intellectual property rights to your photo
• If the photo is subject to the intellectual property rights of a third party, that You have the necessary licenses, rights, consents and permissions to publish said photo.
• Our use of your photo as described in these Terms of Use does not infringe the intellectual property or image rights of any third party or violate any laws;
• You have read, understood and accept these General Conditions of Use.

Article 2: Selection of your photos

We select your photos to share your Oraije style. The selected photos must correspond to the spirit of the Oraije brand, highlight at least one Oraije product and be of good quality.

Photos must not under any circumstances (without this list being exhaustive):

• be of a violent, pornographic, offensive, defamatory, racist nature and/or more generally be contrary to Public Order;
• infringe the image rights of persons (minors or adults) and/or the copyright of a third party;
• constitute an act of counterfeiting or unfair competition;
• conspicuously promote brands other than that of Oraije;
• to make naked people appear.

The photos, captions and/or comments accompanying the photos may not harm the reputation, privacy or integrity of a person.

We reserve the right not to select a photo that does not correspond to the criteria set out above, in whole or in part, without this engaging our responsibility in any way whatsoever.

If your photo meets the criteria defined above and We select it, We will contact You to ask You to grant Us the rights to use your photo, by replying to Us #YESORAIJE, in accordance with Article 3 below.

Article 3: Assignment of rights

By replying #YESORAIJE on the social network or by uploading your photo directly to our Site, You accept these General Conditions of Use and You grant Oraije, free of charge, the right to use your photos for any purpose, commercial or not, on Oraije's e-commerce sites or digital marketing, advertising and promotion, including but not limited to sites, newsletters and / or social media, but also in stores and on any other communication medium.

Consequently, You grant Oraije on the selected photos, free of charge, for a period of two (2) years:

• a worldwide, non-exclusive, royalty-free right of use, distribution and exploitation,
• a right to publish, reproduce, modify and distribute all or part of the selected photos.
• For any other use of the photos, We will contact you through the email address provided by you in order to collect additional and specific authorizations.

Article 4: personal data

Following the publication of your photo, Oraije may obtain personal information such as your first and last name, username (identifier or pseudonym), email address, IP address, location, telephone number as well as any information linked to your social media accounts or your photos.

You agree that the processing of your Personal Data is carried out by Oraije or a subcontractor

Oraije undertakes to take all measures to ensure the protection, confidentiality and security of the Personal Data transmitted to it about you, in compliance with the legal and applicable provisions.

Furthermore, in accordance with national and European regulations on the protection of personal data, You have the right to access, modify, rectify, limit the processing, oppose, port and erase data concerning You, from Oraije. To do this, simply send a request to Oraije – Customer Service, whose contact details are given on the page: bonjour@oraije.com

Any request for withdrawal of Personal Data implies the deletion or removal of the selected photo.

Article 5: Limitation of liability

You are responsible for the photos that you publish on our Site or that you post on the social network.

Oraije cannot be held responsible for any damages, whether direct, special, indirect, or incidental, related to the use of your photo or the Site or the elements found on the Site or consulted through the Site.

Article 6: Compensation

You understand and agree to defend and hold Oraije harmless from and against any claims, damages, and costs (including attorneys' fees) arising from the use or publication of your photo, the violation or alleged violation of these Terms of Use, or the violation of any third party's rights.

Article 7: Deletion of your photos

We reserve the right, without notice and at our sole discretion, without You being able to claim the payment of any compensation from Oraije, to delete the Lafemmeoraije photo gallery, to delete your photos from the Lafemmeoraije photo gallery, to not publish your photos, even in the event of a response from you containing a hashtag #YESORAIJE or to ask You to delete your photos containing the mention of the @oraije.paris account, from any social network.

Article 8: Complaint or withdrawal of your photos

If You have a complaint, if You believe that an element of the Site infringes an intellectual property right that You hold or control or if You wish to have your photos removed, You can contact Us at the following email address: hrfrance.marketing@gmail.com or write to us at the following address: ORAIJE / HRFRANCE
Web service
93300 AUBERVILLIERS
France

Article 9: modification of the general conditions of use

We reserve the right, without You being able to claim any compensation from Oraije, to modify these General Conditions of Use at any time. Any modification will take effect immediately upon publication on the Site. We encourage you to consult the General Conditions of Use each time you visit and before each response containing a #YESORAIJE hashtag.

Article 10: Entirety

Any waiver of a provision of the General Terms of Use will only take effect if it is stipulated in writing and signed by Oraije. If one or more stipulations of these General Terms of Use are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a court, the other stipulations will retain their full force and scope.

Article 11: Applicable law – competent jurisdiction

These General Conditions of Use are subject to French law.

In the event of a dispute, You may, if You wish and if You comply with certain conditions defined below, call upon a mediator whose contact details will be communicated to You by Oraije.

It should be noted that recourse to mediation will only be valid in the event that:

- You will have attempted to resolve the dispute directly with Oraije by means of a written complaint;
- your request is not manifestly unfounded or abusive;
- the dispute has not already been examined by another mediator or by a court.

Furthermore, recourse to a mediator is a confidential procedure and is the exclusive responsibility of Oraije, with the exception of lawyer and expert fees where applicable.