DxOMark Conditions of Use
Here are the terms and conditions governing your access 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, DxO Labs (as defined below), are publishing on the Site the following information about the image quality performance of a selection of commercial digital cameras (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’s cameras;
- Digital camera product sheets, including camera specifications, camera photos, and ranking results;
- Lens product sheets including lens specifications, lens photos, and ranking results;
- Camera and lens reviews based on DxO Labs data and written by DxO Labs experts about specific commercially-available camera and lens models;
- Insights: articles and papers written by DxO 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, video, music, sound, and graphics.
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 (the “Private use”) or for a 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 the Site content to your own audience with very clear credits and links to our Site;
- 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 and analyses,
- Such integration is done in a non-systematic manner;
- Such integrated content remains clearly attributed to DxO 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 DxO Labs, or to any of its products or services.
DxO 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 DxO 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 in 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 firstname.lastname@example.org 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 DxO Labs. Please contact us at email@example.com 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 DxO Labs. Contact us at firstname.lastname@example.org to obtain our terms and conditions for such uses.
2. Intellectual Property rights and protection
2.1. DxOMark, DxO, DxO Labs and its logo are registered trademarks of DxO Labs. Other trademarks referred to in the content of the Site are the property of third parties. Total or partial reproduction of these trademarks without the prior written authorization of DxO 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 DxO Labs or of third parties who have granted DxO 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 DxO 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 DxO 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 DxO Labs to inquire about potential charges for any other use.
DxO 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 DxO Labs provided in these Conditions of Use or by French and international law.
5.1. Collection and use of personal information
DxO Labs acknowledges that it can collect, use, and store your personal information only with your consent and in accordance with the France's law of January 6, 1978 related to computing, files, and liberties, and with Article 43 of the modified law of September 30, 1986. Typically, by law, when you benefit from an extended use, make explicit inquiries, register for information or other services, or when you respond to DxO Labs communications (such as questionnaires or surveys), DxO Labs is legally allowed to collect and store such personal information.
If you choose to provide DxO 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 subject to any preferences that you have indicated. You acknowledge that by providing data to DxO Labs, you consent to the processing of your data in accordance with this section.
5.2. Third-party access to your personal Information
DxO 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 DxO 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: DxO Labs Marketing Department, 3 rue Nationale, 92100 Boulogne Billancourt – France.
5.4. Information Security
Please be aware that communications over the Internet, such as emails and web mails, are not secure unless they have been encrypted. DxO Labs cannot accept responsibility for any unauthorized access or loss of personal information that is beyond its control.
A cookie is a small file which is placed and stored on the user's hard drive during 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. DxO Labs may also use a cookie to track user's sessions.
You can delete cookies from your hard drive at any time. Bear in mind, though, that if you delete these cookies, any settings such as your stored user name and password will have to be reset 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. DxO 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.
DxO 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 DxO 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 DxO 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 DxO Labs.
At DxO Labs' request, you agree to defend, indemnify and hold harmless DxO 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. DxO 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. DxO Labs is not responsible for the availability of these web sites or their contents. You acknowledge and agree that DxO 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.
DxO Labs reserves the right, in its discretion, to suspend, change, modify or terminate the Site or access to part or all of the content at any time.
DxO 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 DxO Labs.
Producer: DxO Labs SAS
3 rue Nationale, 92100 Boulogne Billancourt – France
Capital stock: 1.506.866,47 Euros - RCS NANTERRE 444 777 577
Tel.: 33 155 20 55 99
The Publication Manager is the official agent of DxO 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.
DxO Labs's 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 DxO 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 part thereof. DxO Labs may assign these Conditions of Use in whole or in part to any third party at its discretion.
9.5. Force Majeure
DxO 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 DxO Labs must be given in writing by letter and sent to DxO Labs's 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 DxO Labs and you incorporating these terms and conditions;
"DxO Labs" means DxO Labs SAS, a company duly incorporated under the laws of France with a capital of 1.506.866,47€, registration number 444 777 577, with headquarters located at 3 rue Nationale, 92100 Boulogne Billancourt, France. DxO Labs may also be referred to as "we" or "us" in the Terms and Conditions;
"You" means the visitor to the Site who enters into these Terms and Conditions (and "your" shall be construed accordingly).