Non-Disclosure Undertaking
Preamble
Snootme.com is a platform (the “Platform”) providing professional photo review services through live video conference sessions while Users’ photos are shown on a shared screen.
The protection of users' intellectual property rights, the confidentiality of information and photographs uploaded on the Platform, and, if applicable, the anonymity of users, are of paramount importance to us.
All Reviewers operating through the Snootme platform are therefore subject to the terms of this Non-Disclosure Undertaking towards Users.
This Non-Disclosure Undertaking is issued for Users’ convenience but is fully incorporated into the Review Service Agreement in force between the User and the selected Reviewer as soon as the User paid the service.
This Non-Disclosure Undertaking, as well as the Review Service Agreement, are available online, alongside other legal documents such as Privacy Policy GDPR, Cookies Policy and Terms of Use.
As soon as the User pays the Reviewer’s fee, the Reviewer operating through the Snootme platform is therefore bond by the current Non-Disclosure Undertaking towards the User as well as the Review Service Agreement.
Payment of review fee by the User triggers the Reviewer access to User’s project (Project form and photo gallery).
The purpose of this Non-Disclosure Undertaking is to formalize the commitment of the Reviewer towards the User to protect User’s right, e.g. :
Reviewer undertakes towards User to:
a) Use the Confidential Information only for the purpose described under Art 1.
b) To maintain, by taking all necessary measures, the confidentiality of the Confidential Information, and to treat it with at least the same degree of protection as it accords to its own Confidential Information ;
c) To refrain any claiming of authorship on original works protected by copyright and communicated via the platform to the Reviewer by the User as owner.
d) To forbidden himself to download files such as photographs or any other document communicated via the platform, on a local hard drive.
e) Not to communicate to third parties, all or part of the Confidential Information;
f) Not to use or exploit, directly or indirectly, the Confidential Information gathered in the context of or on the occasion of operating on the platform for any purpose other than that provided for under this undertaking, except as required by law or court order;
g) Not to delegate its assignment. The Review is subscribed because of the person of the Reviewer (intuitu personae). The Reviewer will always attend the review session in person and will always do the preparatory work him or herself.
In the event that Reviewer is served with a subpoena involving the disclosure of Confidential Information in a judicial or administrative proceeding, it shall notify the User so as to afford it an opportunity to prevent such disclosure prior to complying with such judicial or administrative subpoena;
The Reviewer shall be solely liable for the harmful consequences of any breach of the confidentiality and/or non-exploitation obligations of this Undertaking.
Confidential Information means all original and non-public information, file or document transferred by the User via the platform Snootme.com to his or her Reviewer operating the platform, particularly throughout the Project Form, the Photographs Gallery or the Review session, including but not limited to :
Confidential Information may be in written, electronic or verbal.
Confidential Information does not include:
None of the transfers made through the Platform shall transfer any intellectual property rights.
Reviewer undertakes the prohibition of claiming authorship on original works protected by copyright and communicated by the User as owner, to the Reviewer when using the platform.
Reviewer undertakes to comply with the European General Data Protection Regulation 2016/679 (GDPR).
This Undertaking shall be effective from the date of the online payment of the Plan the User subscribed. From this date, Reviewer get access to User’s documents through the Platform i.e. Project Form and photo gallery.
Reviewer shall remain bound by this undertaking for an indefinite period. In any event, termination of the current Undertaking, for whatever reason, does not waive the reviewer’s obligations towards the User as set in article 2.
The validity of this undertaking shall not be affected by the invalidity of any provision contained herein. In such event, the aforementioned provision(s) shall be deemed unwritten and the Parties shall negotiate in good faith the substitution of a lawful provision, producing legal and economic effects as close as possible to the invalid provision.
This undertaking shall be governed by and construed in accordance with the laws of the jurisdiction of the Reviewer.
In the event of a dispute relating to the validity, interpretation or performance of the undertaking, the Parties undertake to use their best efforts to reach an amicable solution.
If the dispute cannot be settled amicably within a month, as far as this undertaking, the parties may without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with the present undertaking in accordance with the ICC Mediation Rules or by sending a request for mediation directly to legal@snootme.com as solely Mediator. Mediation Rules of the International Chamber of Commerce will be in force.
Any disputes arising out of or in connection with this undertaking shall be subject to the exclusive jurisdiction of the Reviewer’s place.