Terms of Use (ToU)

The User acknowledges having read these ToU and accepts them without reservation by browsing the Website.

For any form submission (contact, application), a checkbox expressly accepting the ToU and the Privacy Policy is required before information is transmitted.

WHAT ELSE AGENCY reserves the right to amend these ToU at any time, without notice, in particular to take account of legal, case-law, technical or commercial developments.

The ToU in force are those applicable on the date the User connects to and uses the Website. The User is invited to consult these ToU regularly.

The Website is freely accessible to any User with Internet access. All costs relating to access to the Website (computer equipment, software, Internet connection, etc.) are borne exclusively by the User.

WHAT ELSE AGENCY uses all reasonable means at its disposal to ensure quality access to the Website, without however being under an obligation to achieve this.

WHAT ELSE AGENCY reserves the right, without notice or compensation, to suspend, interrupt or restrict access to all or part of the Website, in particular for maintenance, updates or for any other reason, including technical reasons.

WHAT ELSE AGENCY shall not be held liable for any interruption of the Website, whether voluntary or not, and in particular in the event of force majeure, difficulties relating to the structure of communication networks or any other technical difficulty.

WHAT ELSE AGENCY reserves the right, at its sole discretion and without notice, to refuse access to the Website, unilaterally and without prior notification, to any User who fails to comply with these ToU.

The User agrees to use the Website in compliance with applicable laws and regulations, these ToU, as well as good morals and the rights of third parties.

The User notably agrees to:

• use the Website in accordance with its intended purpose;
• not disrupt, slow down, block or alter the operation of the Website in any way;
• not attempt to fraudulently access WHAT ELSE AGENCY's computer systems, nor fraudulently remain therein;
• not introduce viruses, malicious programs, or any other harmful computer code on the Website;
• not extract, reproduce, copy, or substantially or repeatedly reuse Website content, in particular via automated means (robots, scrapers, etc.);
• not distribute or transmit, via contact or application forms, unlawful, insulting, defamatory, racist, xenophobic, pornographic content, or content contrary to public order or good morals;
• not infringe the rights of third parties, and in particular intellectual property rights, image rights and the right to privacy.
• not download, reproduce, capture, copy or redistribute, by any means (screenshot, recording, download, etc.), photographs, videos, books or any other content relating to models represented by WHAT ELSE AGENCY, without the prior written authorization of the agency and the relevant rights holders (models and photographers).

The User agrees to provide accurate, complete and up-to-date information when submitting any form (contact, application). They are solely responsible for the information they provide and its accuracy.

The User acknowledges being solely responsible for their use of the Website and the information they consult or transmit on it. They agree to indemnify WHAT ELSE AGENCY against any harmful consequence, in particular any claim, action or complaint that a third party may bring against it due to the User's breach of these ToU.

All elements comprising the Website — including, without limitation, texts, photographs, videos, visuals, logos, trademarks, graphic elements, animations, structure, interface, source code, databases — are the exclusive property of WHAT ELSE AGENCY or its partners, and are protected by the provisions of the French Intellectual Property Code as well as applicable international conventions.

Photographs and videos of models represented by WHAT ELSE AGENCY are subject to copyright belonging to the photographer and videographer authors, as well as image rights belonging to the models. Their use on the Website is strictly governed by contracts entered into between WHAT ELSE AGENCY, the models and the relevant photographers/videographers.

Any use of this content outside simple consultation on the Website (in particular any reproduction, distribution, modification, commercial exploitation or publication on social networks) is strictly prohibited without the prior express written authorization of WHAT ELSE AGENCY. Any violation may result in legal proceedings on the grounds of infringement (Articles L.335-2 et seq. of the French Intellectual Property Code) and infringement of image rights (Article 9 of the French Civil Code).

Any reproduction, representation, modification, adaptation, translation, distribution, transmission, commercial or non-commercial exploitation, in whole or in part, by any process and on any medium, of Website elements, without the prior written authorization of WHAT ELSE AGENCY, is strictly prohibited and would constitute infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.

WHAT ELSE AGENCY grants the User a personal, non-exclusive and non-transferable right to access the Website and consult its content, strictly within the framework of private and non-commercial use.

Any other use, and in particular any commercial exploitation, requires the prior written consent of WHAT ELSE AGENCY.

The Website may contain hyperlinks redirecting to third-party websites. WHAT ELSE AGENCY exercises no control over these sites and disclaims all liability regarding their content, operation, personal data protection practices or terms of use. Consultation of these third-party sites is at the User's sole responsibility.

Creating hyperlinks to the Website requires the prior written authorization of WHAT ELSE AGENCY. Any request may be sent to: contact@whatelseagency.com.

WHAT ELSE AGENCY reserves the right to require removal of any link deemed inconsistent with its interests or image.

WHAT ELSE AGENCY makes every effort to provide Users with reliable and up-to-date information. However, WHAT ELSE AGENCY cannot guarantee the absence of errors, omissions, inaccuracies or delays in updating information published on the Website.

WHAT ELSE AGENCY shall in no event be held liable for direct or indirect, foreseeable or unforeseeable, material or immaterial damage resulting from:

• use of or inability to use the Website;
• the possible presence of viruses, bugs or anomalies;
• any information obtained through the Website;
• total or partial unavailability of the Website;
• fraudulent intrusion by a third party resulting in modification of the information made available.

WHAT ELSE AGENCY shall not be held liable for failure to perform its obligations in the event of force majeure as defined by Article 1218 of the French Civil Code and French court case law, in particular: Internet network failures or malfunctions, cyberattacks, natural disasters, strikes, armed conflicts, decisions by public authorities, etc.

In the event of a dispute relating to the interpretation or performance of these ToU, the parties shall endeavour to find an amicable solution before any legal action. The User may send their complaint to: contact@whatelseagency.com.

WHAT ELSE AGENCY conducts primarily B2B activity (relationships with professional clients — fashion houses, brands, advertising agencies, productions, photographers). In this context, the consumer mediation scheme provided for in Articles L.611-1 et seq. of the French Consumer Code does not apply.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr/

This platform allows consumers residing in the European Union to submit an online complaint relating to a consumer dispute. WHAT ELSE AGENCY nevertheless reminds that it conducts essentially B2B activity and that this platform is intended only for relationships with consumers.

These ToU are governed by, interpreted and applied in accordance with French law, regardless of the place of use of the Website.

Failing amicable resolution, any dispute relating to the interpretation, performance or validity of these ToU shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Paris Court of Appeal, subject to mandatory legal provisions applicable to consumers allowing them to bring proceedings before the courts of their place of residence.