Conditons of use

Article 1 – Preamble

The present general user conditions (referred to hereafter as the “General Conditions”) govern relations between WSN DEVELOPPEMENT, a company capitalised at 840 275 €, headquartered at 27/29 rue Guénégaud 75006 Paris, France, and registered on the Paris trade and companies register under number SIRET B410589337 00014 – APE 748J (referred to hereafter as “Who’s Next”), and surfers (referred to hereafter as “you” or “Users”) that visit and use the blog accessible at the following address: whosnextblog.com (referred to hereafter as the “Blog”). The aim of the Blog is to enable fashion and design trade users to present and promote their designs by providing them with a storage and presentation space.
The General Conditions apply to the free service for sharing designs put on line by Users on the Blog, so you should read the General Conditions in full before going onto the Blog and accept them unreservedly. The General Conditions may be modified at any time but you will always find the most recent version on this page. Any modifications will not be enforceable until they are put on line and will not apply to any previous use of the Blog. Please disconnect immediately from the Blog if you do not accept the General Conditions.

Article 2 – Purpose of the General Conditions

The present document lays down the conditions whereby Who’s Next provides Users with a space to put their “Designs” on line in order to present them free of charge on an unlimited basis to all Blog visitors, where the term “Designs” refers to all elements that you have created or for which you hold all the rights and that are freely accessible on line on the Blog (photographs, video, drawings, etc).
Registration for the Who’s Next Blog is free and is subject to the conditions set out below.

Article 3 – Registration / User account

3.1 In order to put Designs on the Blog you must first register for the Blog by supplying the identification information specified in the registration form, including your full name, date of birth, postal address and e-mail address. You undertake to supply Who’s Next with accurate, full and up-to-date information and, if necessary, to update subsequently the data provided when you registered. To register for the Blog you must open a user account (referred to hereafter as a “User Account”) accessible via the Blog at the following address: http://whosnext.sherfi.fr/registration.html. The information that you provide to Who’s Next identifies you on the Blog and is personal to you. You guarantee the confidentiality of your user name and password, which you promise not to disclose to any third party. Who’s Next may reject your registration or suspend your User Account at any time without prior notice if the information that you supply when registering proves to be false, inconsistent, impossible to verify and/or incomplete. Your registration and the creation of your User Account will be confirmed by sending an e-mail to the e-mail address that you associate with your account.
3.2 You may close your User Account at any time. Who’s Next reserves the right to close your User Account without prior notice and without prejudice to any damages that it may be entitled to claim should you fail to comply with any of the General Conditions, should you have supplied inaccurate, incomplete or out-of-date information when registering or in the event of improper identification of your Designs. Who’s Next may also disconnect Users and/or forbid them to access the site if connection to the Blog disturbs the operation thereof, risks such disturbance or disturbs other Users or in the event of breakdown, malfunctioning or any IT risk whatsoever.

Article 4 – Presentation of the Blog

The Blog offers Users services for putting their Designs on line. Who’s Next offers you, as a User, a space to store the Designs that you have created and/or for which you hold the intellectual property rights so that they can be displayed on the Blog (referred to hereafter as the “Storage Space”). Your Designs will be imported to your Storage Space and hosted there via your User Account. All you have to do is identify yourself using the login and password that you define when you register.
You formally undertake to refrain from storing files other than your Designs on the Blog and from storing files containing viruses or any other program intended to disturb the Blog.
The storage of Designs on the Blog is unlimited in time and number except for specific restrictions set out on the Blog. For each Design, storage is limited to six images of a maximum size of 2,000 Kbytes. However, you must regularly back up your files and Who’s Next disclaims all liability if the Designs stored in your Storage Space are accidentally lost or deleted following a technical or other failure.
In accordance with Article 5 below, you use Who’s Next Blog on your sole responsibility, as you expressly acknowledge.
Once stored, your Designs will be available for consultation on the Blog, so you expressly agree to your Designs being reproduced and, if necessary, adapted so that they can be displayed in the technical formats defined in advance by Who’s Next free of charge. You are free to delete your Designs from your Storage Area and therefore stop them from being presented to the public on the Blog.

Article 5 – Design content

You will ensure that the Designs that you put on line on the Blog comply with the operative laws, notably civil and criminal legal provisions on rights infringements. You guarantee Who’s Next that the Designs that you decide to put on line on the Blog do not infringe third party rights, including intellectual property rights (copyright, trade marks and designs), image rights or the right to privacy. Who’s Next reminds you that any reproduction of a work not authorised by the creator thereof or of a registered trade mark or design without the permission of the holder of the relevant intellectual property rights constitutes a rights infringement punishable as such under the Intellectual Property Code. Copyright protection extends to fashion designs (clothes of any type), fashion parades, fashion accessories (spectacles, shoes, bags, etc), background music, photographs (photographer’s rights and rights over photographed elements) and architectural works (private buildings, public constructions, etc) and the permission of the creators thereof is needed in order to use their creations. Who’s Next also reminds you that everyone has a personal and exclusive right to his/her own image and the right to privacy and therefore may legitimately oppose both the capture and use of his/her image. The courts consistently penalise the unauthorised use of a person’s image on the basis of both image rights and the right to privacy. Moreover, Who’s Next reminds you that displaying false images of a person without his/her consent, notably images created via photomontage, constitutes a criminal offence if it is not obvious that the image is a montage or if this is not explicitly stated. Such images are not permitted on the Blog. Finally, certain theatre and concert hall operators explicitly ban photographing or filming the events concerned within the premises where they take place and you must comply with any such ban. In any event, even in the absence of an explicit ban, the organisers and/or producers of such events may hold the image rights for them and you explicitly undertake to respect such rights. Consequently, should the Designs that you want to share on the Blog reproduce in any way any element (fashion design or other) protected by third party intellectual property rights, reproduce a third party’s image, use accessories created by any third party or, more generally, potentially infringing third party rights, you undertake to obtain all necessary rights for the display of these elements on the Blog from the third parties concerned. You therefore undertake to refrain from putting Designs on line without the explicit permission of any third parties whose rights might be infringed by the display of the said Designs and, in any event, you explicitly guarantee Who’s Next against all third party claims for the Designs and you undertake to discharge Who’s Next for any award that may be made against it as a result of Designs being displayed on the Blog. If necessary and on request by Who’s Next, you undertake to assist it in the context of any legal action brought against it in relation to the Designs that you have put on line on the Blog.
You undertake to refrain from reproducing or using in any way whatsoever Designs put on line on the Blog by other Users without their prior permission.

Article 6 – Subsequent Design monitoring

Who’s Next, acting merely as the host of the Designs that you decide to put on line and in accordance with Article 6.1.7 of the Confidence in the Digital Economy Act, No. 2004-575, of 21st June 2004 (known as the “LCEN”), does not have any general obligation to supervise stored data or to check for facts or circumstances revealing unlawful activities. However, it has set up a subsequent monitoring system whereby it undertakes to delete, immediately on request, any Designs infringing third party rights. It also reserves the right to delete Designs that, although not covered by the Act, are of a violent, racist, pornographic or paedophile nature.
To notify any Designs infringing your rights or breaching the rules set out above, an unlawful content notification form is provided at the following address: http://whosnext.sherfi.fr/contact.html. In accordance with Article 6.1.5 of the LCEN, you must complete all the mandatory fields, including your identity, a description of the charges, the grounds on which you claim that the contents must be withdrawn and copies of the correspondence demanding withdrawal sent to the creator or publisher of the disputed Design.
Should Who’s Next be forced to delete a Design that you have decided to put on line due to a breach of third party rights, your User Account may be closed in accordance with Article 3 above. Who’s Next may also close your user Account at its sole discretion should you wrongly notify unlawful Design content. It also reminds you that, according to Article 6.1.4 of the LCEN, informing a hosting service provider that content is unlawful in order to obtain the withdrawal thereof or to stop the display thereof with knowledge that this information is inaccurate is punishable by a one-year prison term and a fine of €15,000.

Article 7 – Comments and hypertext links

7.1 All Users are entitled to publish comments on the Blog about the Designs put on line, as you explicitly accept. If you wish to make a comment on other Users’ Designs, you acknowledge that, in addition to the risk of prosecution, you may be excluded from the Blog under the conditions set out in Article 3, notably if your comments are defamatory, libellous or deceitful.
7.2 If you wish, you may present hypertext links to one or more websites of your choice next to your Designs. Who’s Next disclaims all liability for the contents of such sites.

Article 8 – Liability

8.1 The services provided on the Blog are supplied on an “as is” basis without any guarantee other than the applicable statutory guarantees and it is up to you to ensure that these services correspond to your own needs. Who’s Next, acting merely as a hosting service provider, cannot be held liable for the Designs displayed by Users on the Blog apart from the statutory cases of hosting service provider liability stated in Article 6.1.2 of the LCEN. Consequently, the Designs that you decide to put on line are displayed on your sole responsibility. You agree to compensate Who’s Next for any prejudice (including any compensation that it may have to pay third parties or any expenses or fees that it may have to bear to defend itself) that it may suffer as a result of (i) the display of Designs on the Blog, (ii) any breach of the General Conditions or (iii) any illegal activity conducted via your User Account as a result of any default or negligence on your part.
8.2 Who’s Next cannot guarantee Internet access or the smooth operation of the Internet as a whole and therefore that the Blog will be available at all times since the Internet is an open, informal network formed by international connections between servers and computer / communications networks that may have different transmission capacities and specific user policies. Who’s Next will endeavour to provide you with continuous access to the Blog except in the case of maintenance, force majeure or events outside the control of Who’s Next such as electricity grid power cuts, telecommunications cable network breakdowns and loss of Internet connection (non-exhaustive list).

Article 9 – Guarantee

You guarantee Who’s Next that the Designs that you decide to put on line do not infringe third party rights, including intellectual property rights (patrimonial and moral rights), image rights and the right to privacy. You undertake to discharge Who’s Next for any award that may be made against it in the event of putting Designs on line on the Blog in breach of third party rights.

Article 10 – Personal data

10.1 Your personal data collected when you register as described in Article 3 above are used to identify you on the Blog. The collection of such data is also required under Article 6.II of the LCEN whereby hosting service providers are obliged to have and keep data enabling the identification of anyone contributing to the creation of any of the contents of the services that they provide.
10.2 You have the right, at all times, to access, correct and delete your personal data in accordance with the applicable regulations (Articles 38 et seq. of the 1978 French Data Protection Act, as amended). You may implement this right at any time by e-mailing Who’s Next at the following address: info@whosnextblog.com You may also, on legitimate grounds, oppose the processing of the collected data by sending an e-mail to the following address: info@whosnextblog.com in which case your Blog registration will be cancelled automatically.
You may update the personal data recorded in your User Account at any time.
10.3 Who’s Next and its contractual partners may send information in the context of specific, individual promotional operations to your e-mail address if you explicitly agree to this when registering. You may ask Who’s Next to stop sending you e-mails at any time by clicking on the unsubscribe link accessible via your User account or in the footer of each e-mail sent to you by Who’s Next and its partners.
Who’s Next reminds you that it may be obliged to communicate your personal data on demand by the judicial authorities.

Article 11 – Intellectual property

All Blog contents (Blog text, illustrations and source code) belong to Who’s Next or its contractual partners and other Users (in respect of Designs put on line). You explicitly declare that you hold all the intellectual property rights over the Designs that you decide to put on line and that you have all necessary permissions for them to be displayed on the Blog. Putting Designs on line on the Blog does not entail the transfer of any property rights over the said Designs to Who’s Next or other Users.
In accordance with Articles 5, 8 and 9 above, Who’s Next disclaims liability under all circumstances for any infringements by any User of third party rights committed as a result of the User’s activities on the Blog.

Article 12 – Term

Your User Account is open for an indefinite term and is governed by the General Conditions, subject to any modifications that may be made, which will be brought to your attention by being put on line on the Blog. You may decide to close your User Account at any time, though if it is deactivated you will no longer be able to put Designs on the Blog and any Designs that you have already put on line will be deleted automatically without any entitlement to compensation. Who’s Next disclaims liability under all circumstances in this event.

Article 13 – Governing law

The General Conditions are governed by French law apart from any mandatory legal provisions to the contrary arising from the Rome Convention of 19th June 1980 on the law applicable to contractual obligations.

Article 14 – Miscellaneous

Should Who’s Next fail to enforce its rights in respect of any infringement by you of the General Conditions, this may not be interpreted as a definitive renunciation of subsequent enforcement of such rights.
Should any of the General Conditions be ruled null or unenforceable by a competent court, such conditions will be deleted and the validity and enforceability of the other conditions will be unaffected.