Terms of Service

logo Pictalk

TERMS OF USE

Last updated on October 14, 2020

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you") and Pictalk ("Company," "we," "our"), regarding your access to and use of the website https://www.pictalk.org as well as any other media, media channel, mobile website, or mobile application associated with, linked, or otherwise connected to it (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST CEASE IMMEDIATELY USE OF IT.

Additional terms and documents that may be published on the Site from time to time are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you of any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each of these changes. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to the modifications of any revised version of the Terms of Use by your continued use of the Site after the date of publication of these revised Terms of Use.

The information provided on the Site is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within that jurisdiction or country. Accordingly, those who choose to access the Site from other locations do so at their own initiative and are solely responsible for complying with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register on the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") as well as the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or are licensed to us, and are protected by copyright, trademark, and various other laws regarding intellectual property and unfair competition in the United States, international copyright laws, and international treaties. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Unless expressly provided in these Terms of Use, no part of the Site and no Content or Mark may be copied, reproduced, aggregated, republished, downloaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited in any other way for any commercial purpose, without our express prior written permission.

Provided that you are eligible to use the Site, you receive a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly accessed solely for your personal and non-commercial use. We reserve all rights not expressly granted to you in and on the Site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register on the Site. You agree to keep your password confidential and will be responsible for any use of your account and password. We reserve the right to remove, recover, or change a username that you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with commercial enterprises except those that are specifically approved or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our permission.
2. Deceive, defraud, or mislead us and other users, including by attempting to obtain sensitive information on accounts like user passwords.
3. Circumvent, disable, or interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site to harass, abuse, or harm another person.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Engage in unauthorized framing or linking to the Site.
10. Upload or transmit (or attempt to upload or transmit) any viruses, trojan horses, or other material, including excessive use of capital letters and spam (repetitive text posting), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction methods.
12. Remove the copyright or other proprietary rights notice from any Content.
13. Attempt to impersonate another user or person or use the username of another user.
14. Sell or transfer your profile.
15. Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms").
16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Attempt to circumvent any measures of the Site designed to prevent or restrict access to the Site, or to any portion of the Site.
19. Except to the extent that this may result from the use of a standard search engine or Internet browser, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or use or launch any unauthorized script or other software.
20. Use a purchasing agent or purchasing agent to make purchases on the Site.
21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
22. Use the Site in connection with any effort to compete with us or use the Site and/or the Content for any revenue-generating or commercial enterprise.
23. Upload illegal content or content obtained illegally.

USER-GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, discussion forums, online forums, and other features, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be visible to other users of the Site and across third-party websites. In this regard, all Contributions you submit may be treated as non-confidential and non-proprietary. When you create or make available Contributions, you represent and warrant that:

1. The creation, distribution, transmission, public display or public performance, and access, downloading, or copying of your Contributions do not violate and will not violate any proprietary rights, including but not limited to, copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, permissions, and permissions to use and to allow us, the Site and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, authorization, and/or permission of each identifiable person in your Contributions to use the name or likeness of each identifiable person to enable the inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (as defined by legal terms) any other person and to promote violence against any individual or class of individuals.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploit minors in a sexual or violent manner.
12. Your Contributions do not violate any applicable laws concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical disability.
14. Your Contributions do not otherwise violate, or contain links to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, the termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions on any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, rename, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, extract (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.

This license will apply to any form, media, or technology now known or developed later, and includes our use of your name, business name, and franchise name, as applicable, and all trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights have otherwise been asserted in your Contributions.

We do not claim any ownership rights in your Contributions. You retain full ownership of all your Contributions and all intellectual property rights or other ownership rights associated with your Contributions. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Site. You are solely responsible for your Contributions to the Site and you agree to expressly indemnify us and hold us harmless from any liability or legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contribution; (2) to recategorize any Contribution to place it in more appropriate locations on the Site; and (3) to preselect or remove any Contribution at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

MOBILE APPLICATION LICENSE

License of Use

If you access the Site via a mobile application, we grant you a revocable, non-exclusive, non-transferable, and limited right to install and use the mobile application on wireless electronic devices that you own or control, and to access and use the mobile application on such devices in strict accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, enhancement, improvement, translation, or derivative work of the application; (3) violate any applicable law, rule, or regulation in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any copyright or trademark notice) published by us or the licensors of the application; (5) use the application for any revenue-generating business, commercial venture, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment allowing access or use by multiple devices or users simultaneously; (7) use the application to create a product, service, or software that is, directly or indirectly, competitive with or a substitute in any way for the application; (8) use the application to send automated requests to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any application, accessory, or device for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that uses Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the terms of service of the applicable App Distributor; (2) we are responsible for providing any maintenance and support services concerning the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required by applicable law, and you acknowledge that each App Distributor has no obligation to provide maintenance and support services regarding the mobile application; (3) in the event of failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if applicable, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor shall have no other warranty obligation whatsoever concerning the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with any third-party terms applicable when using the mobile application, for example, if you have a VoIP application, you must not be in violation of their wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions of this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as a third-party beneficiary of it.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information concerning the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful, commercial, or other purpose, without acknowledgment or compensation to you. You hereby waive all moral rights in these Submissions, and you warrant that these Submissions are original with you or that you have the right to submit these Submissions. You agree that there will be no recourse against us for any alleged or actual infringement of any right of ownership in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to the authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or deactivate (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice or liability, remove from the Site or deactivate otherwise any files and content that are excessive in size or in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and properties and to facilitate the proper functioning of the Site.

 

logo Pictalk

General terms of use for the Agenda CAA service

 These general terms of use (hereinafter referred to as the "Terms") are aimed at providing the legal framework for making the Agenda CAA Service (hereinafter referred to as the "Service") available and defining the conditions of access to and use of the Service by the User. 

1. Definitions

Terms starting with a capital letter have the following meaning :

 

Term

Meaning

 

User

Refers to any natural or legal person using our Service. A User must have an active Account to access the Service.

 

Administrator

Refers to a member of the Agenda CAA developers authorized to administer the Service: they have an Account that provides access with privileged rights allowing them to configure and set its features or take actions on Users' accounts.

 

Account

Refers to a valid account granting access to the functionalities of the Service.

 

Content

Refers to all information, links, and other content that Users can deposit and access on the Service.

 

Conditions

Refer to these general terms of use governing your access to and use of the Agenda CAA Service.

 

Contract

Refers to these Terms and all other rules, policies, and operating procedures that Pictalk may periodically publish via the Service.

 

Legal Representative

Refers to a User who has created their Account as a legal representative of a person (e.g., father, mother, etc.) and can configure it for their own needs as well as those of the people they are responsible for.

 

Accompanying Person

Refers to a User who has created their Account as an accompanying person for a person (e.g., educator, speech therapist, etc.) and can configure it for their own needs as well as those of the individuals under their care.

 

Represented Person

Refers to a User who has access to an Account created by their Representative and can use the Service.

 

Service

Refers to the Agenda CAA service offer by Pictalk consisting of a schedule adapted ergonomically for people with mental disabilities.

 

Third Party Services

Refer to the services, products, software, embedded content, or applications (such as plugins, themes, or extensions) provided by third parties that the User can activate, use, or purchase while using the Service.

 

2. General presentation of the Service

This Agenda CAA Service is administered by Pictalk, whose registered office is located at 13 rue professeur pierre marion – 69005. 

The Service is free and accessible from the internet via a mobile application. 

The software used to provide the Service is owned by Pictalk. 

3. Acceptance of the Service Terms of Use 

The term "you" refers to any User accessing our Service. If you use our Service on behalf of another person or entity, you declare and warrant that you are authorized to accept the Contract on behalf of that person or entity, that by using our Service you accept the Contract on behalf of that person or entity, and that if you, or that person or entity, violate its provisions, you and that person or entity agree to assume all liability towards us.

 

Please read these Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you acknowledge that you have read and agree to be bound by the Contract. You also agree that we may automatically modify, update or add elements to our Service, as indicated in the Terms, and that this Contract will apply to any modification.

Activating your Account is conditional upon acknowledging and accepting these Terms. Thus, when registering, you will need to agree to and validate the Terms. Your Account on the Service will then be automatically activated. 

Please note that additional general conditions of Third Party Services and/or licenses applicable to third party Content may apply when you use the Service.

4. Description of Service offer and User profiles 

By accessing the Service, the User can benefit from the following features:

·       Upload and view multimedia content in a schedule

·       View an augmented timetable with multimedia content in the appointment slot

·       Edit their user Account and information

5. Creation and management of User Accounts

 Access to the Service is reserved for Users and Administrators.  

 To access the Service, the aforementioned Users must create an Account on the Service according to two possibilities :

-       Either by providing an email address and a password

-       Or by using an OAuth protocol through Google or Apple services

 The Accompanying Person must ensure to collect the authorization of the Legal Representative to access the shared calendar of the Represented Person.

 Each User Account is personal. Therefore, it is strictly prohibited to share your login credentials that allow access to the Service with a third party.  

In case of loss, theft, or unauthorized use of your login credentials, keys, or tokens, you agree to promptly inform Pictalk at the following address: alex@pictalk.org

Like any Pictalk service, the Service is subject to the application of Pictalk's Internal Regulations and IT Charter.

 

6. Personalization of User Accounts

 The User can enter/view the following information in their profile:

 Profile information details : Name, First Name, Email Address

 To add contents, such as photos or videos, the User must allow Pictalk to access their camera or photo and video gallery. 

The User must ensure that the fields filled out do not contain prohibited or sensitive Content as per Article 10 below.

7. Role of Administrators

The Administrator manages requests (corrections, assistance, etc.) from Users. 

The Administrator is authorized to block or delete a User's access in accordance with the provisions of these Terms, as well as the rules and decisions of Pictalk if applicable to the User.

8. Role of Users

The Legal Representative and the Accompanying Person will have the following rights :

·       Create a Legal Representative / Accompanying Person account and configure it

·       Enter personal information about the Represented Person

·       Creation (to come) of a profile with personal data of the Represented Person (First Name, images) that will use the application to communicate and organize when they take the tablet, they will click on their thumbnail

·       In the schedule, creation of events in which the Represented Person participates and thus potentially with pictograms and health data (doctor's name, etc.). To prevent sensitive or at-risk information (e.g., social security number or NIR) from being entered into events, this type of information will be blocked at the event addition form level

·       Add pictograms or images useful for facilitating communication with the Represented Person as well as their organization

Furthermore, the Legal Representative will be able to visualize on an interface which Accompanying Persons have access to the shared calendar of the Represented Person. They will be able to access the email address of the Accompanying Person and revoke their access in the event of a violation of the following Article 10 by the Accompanying Person or if they did not have the Legal Representative's permission to access this shared calendar.

The Represented Person will have the following rights :

·       Access existing pictograms or images in the application for communication and organization

9. Availability and accessibility of the Service 

The Service is provided as is, and Pictalk hereby disclaims any warranty of any kind, express or implied, including, without limitation, the warranties of fitness for a particular purpose, merchantability, and absence of infringement. Pictalk does not warrant that the Service will be error-free or that access will be continuous or uninterrupted. 

The service may be interrupted at any time. 

10. Responsibilities

Pictalk is not in a position to review all Content. By operating the Service, Pictalk does not represent or imply that it approves the Content made available or that it is accurate, useful, or not harmful. Pictalk encourages you to take the necessary precautions to protect yourself and your computer systems against viruses, worms, Trojan horses, and any other malicious software or content.

As a User, you are solely responsible for all activities performed on your Account. You are also responsible for maintaining the security of your Account (including protecting your password).

The Service is a friendly and caring space. By connecting to the Service, Users commit to interacting with each other following the principles of listening, respect, and kindness.

Therefore, we ask you to take responsibility for the Content you integrate into the Service. In particular, ensure that no prohibited Content appears on the Service. This includes any Content that is:

·       Deliberately false, misleading, defamatory ;

·       Discriminatory, violent, malicious, constitutive of harassment, infringing on human rights and dignity, inciting cruelty towards animals ;

·       Illegal, contrary to public order, to national security ;

·       Infringing on privacy and/or protection of Personal Data ;

·       Violating any patent, trademark, design and model registered, trade secret, copyright, neighboring right, intellectual property right or any other property right belonging to a third party, or to Pictalk, personality rights, or likely to constitute a tort or quasi-tort;

·       Containing computer viruses or any other code, file, or program designed to disrupt, destroy or limit the functionality of the Service ;

·       Having the effect of diminishing, disrupting, preventing the normal use of the Service, interrupting and/or slowing the normal flow of electronic communications.

Furthermore, Pictalk reserves the right to delete any prohibited Content without prior warning or notice. 

Any User or visitor can report to Pictalk any Content they consider prohibited at the following address: alex@pictalk.org .

11. Third Party Services

The conditions and policies of the Third Party service provider apply. If you use a Third Party Service or grant it this access, data will be processed in accordance with the privacy policy and practices of the provider of that Third Party Service. 

Third Party Services may not work correctly with the Service provided by Pictalk. Pictalk may not be able to provide assistance for problems caused by Third Party Services. If you have questions or concerns regarding the operation of a Third Party Service or need assistance, you should contact the Third Party Service directly.

If Pictalk finds that the use of Third Party Services does not comply with this Contract, Pictalk may suspend, deactivate or delete Third Party Services.

12. Suspension and revocation of a User Account

Pictalk may suspend or revoke your access to all or part of the Service at any time, particularly if you have violated the Contract and the usage guidelines of the Service.

 Any non-compliance with the Contract by a User may result in the suspension or permanent deletion of their Account.

 You can stop using our Service at any time and request the deletion of your Account.

 In order to maintain the coherence of the history of actions taken by the User, the Content associated with the User's Account may be retained by Pictalk notwithstanding the deletion of the User's Account.

 However, the former User may at any time request the deletion of their Personal Data by making the request to : alex@pictalk.org . 

13. Intellectual property

13.1. Rights to use the Service

Pictalk holds the intellectual property rights to the software or declares that it has the authorization of these rights holders to grant them to Users.

 In this context, Pictalk grants the User a free, non-exclusive, personal, non-transferable, non-assignable license without a right to sublicense, for the duration of the User's use of the Account, for the purpose of benefiting from the functionalities of the Service, under the conditions set forth in these Terms and in accordance with the applicable usage contract for the Agenda CAA application.

 As such, the User may reproduce, in a temporary manner, the Service for the purposes of loading, displaying, reading, executing, or transmitting Content using the computer means described in Article 5 above.  

THE USER IS PROHIBITED FROM ANY USE OR EXPLOITATION OF THE SERVICE OUTSIDE THE SCOPE DETERMINED BY THIS LICENSE AND/OR IN VIOLATION OF THESE TERMS.

 « Pictalk » is a registered trademark. No right or license is granted to the User to reproduce, modify or use any Pictalk trademarks and logos, or any other trademarks and logos belonging to a third party present on the Service. 

 

13.2. Rights to Content

 Pictalk holds, subject to third-party rights, all intellectual property rights to the Content deposited on the Service. 

Pictalk grants you a non-exclusive, personal, non-transferable, non-sublicensable, and revocable license to access and use the Service, subject to third-party rights, in the manner presented by Pictalk, and in accordance with the terms of use of the Service.

These Terms do not assign any intellectual property rights of Pictalk to the User. 

Each User is bound by an obligation of confidentiality and may not, except with Pictalk's express prior consent, disclose said intellectual properties until they have fallen into the public domain.

Regarding Content that does not belong to Pictalk, the User guarantees to Pictalk that they have the necessary rights to the Content they disclose on the Service without prejudice to their obligations to third parties. 

14. Duration of the Contract 

The Contract enters into force as of the date of acceptance of the Terms by the User at the time of creating their Account and ends on the date of deletion or closure of their Account.

Articles 3, 9, 10, 12, 13, 14, and 15 of these Terms will remain applicable to the User and to Pictalk notwithstanding the end of the Contract. Pictalk may decide to suspend or delete the User's Account; resulting in the temporary suspension or permanent termination of the Contract. If necessary, Pictalk may inform the User of the reason for the suspension or termination of their Contract and, if necessary, the duration of the suspension, without prejudice to any possible legal action.  

In case of suspension or termination of the Contract for any reason, the User will no longer have access to the Service, either temporarily or permanently as the case may be.

Pictalk reserves the right to stop operating the Service at any time. Pictalk's liability cannot be engaged in this regard.

15. Applicable law and dispute resolution

These Terms are subject to French law. 

In case of difficulty regarding their interpretation or execution, the User and Pictalk commit to seeking an amicable solution. In case of persistent difficulty, the French courts of Paris will have jurisdiction.