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General conditions Royalty free

Rights managed


Data base


Any extraction or use of our data base is strictly forbidden beside the use of our web site.

PREAMBLE

1. According to this Contract, the term "photograph" or "video" is defined as "Any document which reproduces an image or a video on an analog or digital support medium or any other support medium depending on technical developments." Photographs or videos are accorded under two different types of licence:
• "rights managed": use of images or videos in exchange for the payment of proportiona royalties;
• "royalty free": use of images after the payment of a one-time set rate royalty.


2. Any person (hereafter the "customer"), obtaining photographs or videos proposed by our company (hereafter the "Agency") by any means (high or low definition downloading, by post, by hand, etc.) is considered to have read and accepted these General Conditions for the licensing and use of our images.


3. Any use which breaches these General conditions is illegal.
Any clause conflicting with these clauses and appearing on a commercial document of the customer (mainly the order form...) is considered as null and void.


4. The photographs or videos made available for the customer by the Agency are the property of their authors or beneficiaries. The Customer only acquires the right to use the photographes or videos for aspecific purpose and duration, as described in the specific licensing conditions. Consequently, the photographes or videos may not be sold, but only and exclusively licensed for use.

I. CREATION OF THE CONTRACT: COMMON PROVISIONS.

I.1. Downloading of photographes or videos for use in mockups on the site of the agency or sending by e-mail, FTP or any other means.Any use of the photos available on the site of the agency without the prior transfer of rights is prohibited, with the exception of use for the creation of mockups or preparatory works on a strictly internal basis.The digital files used in this context must be destroyed after internal use, and within a maximum of 30 days.


I.2. Provision of analog photographs for the customer


a) Provision of photos by post, by hand or by express delivery:The Agency will establish a licensing slip using the information provided by the Customer indicating the references of the photographs licensed and the waiting period, and enclose this slip with the photographs.
b) Waiting period:
During the waiting period, the analog photographs are only provided for consultation andmay not be used. Non-compliance with this provision by the Customer will entitle the Agencyto refuse any future services Any complaints submitted in relation to the photographs provided for consultation purposes must be transmitted by registered letter with acknowledgement of receipt, within five days of the receipt of the photographs.
c) Return of the documents following the waiting period, if the photos are not used and if rights are not transferred following the waiting period, as defined in the licensing slip, the Customer, if not intending to use the documents transmitted, must expressly and immediately return the photos, and must take all action necessary to return the photographs to the Agency address indicated on the slip. Should the photographs not be returned by the indicated deadline, a set late fine will be due per day late. The amount of this fine will be specified on the back of the contract and the customer will be responsible for providing proof of compliance with the deadline.


I.3. Agency notification


Irrespective of the means of transfer used for the images (downloading, by post, by hand, etc.), the Customer must notify the Agency prior to using the photographes or videos in any way. Should the Customer not comply with this provision, the agency may not be held liable forany use of which it was not informed.


I.4. Obligatory mentions.


Each image must be signed by law, irrespective of the format, size or level of confidentiality of the usage in question. Consequently, the precise and complete name of the
author, and the name of the agency indicated on the digital file, or on the cover, holder or rear of analog photos, must be visible on or near to all copies or representations for photographs and in the credits for videos .


I.5. Non-exclusivity


Reproduction and/or representation rights are never transferred in an exclusive manner. Exclusive rights can only be obtained with a specific written agreement and will imply the payment of the royalties due for exclusive rights, in addition to those for basic rights.


I.6. Payment of royalties: cancellation condition


THE AUTHORISATION TO USE A PHOTOGRAPH OR VIDEO IS ACCORDED SUBJECT TO THE EXPRESS CONDITION OF THE EFFECTIVE PAYMENT OF THE ROYALTIES DUE. RIGHTS WILL BE CANCELLED IN ALL OTHER CASES. CONSEQUENTLY, NO PHOTOGRAPH OR VIDEO MAY BE USED WITHOUT THE PAYMENT OF THE CORRESPONDING ROYALTIES, SHOULD THIS NOT BE THE CASE, THE LICENCE CONTRACT WILL BE AUTOMATICALLY RESCINDED AND THE REPRODUCTION OR REPRESENTATION OF THE PHOTOGRAPH OR VIDEO WILL BE CONSIDERED AS A BREACH OF THE RIGHTS OF THE AGENCY AND THE AUTOR.


I.7. Modification of the photograph or video


Any modification of any type is prohibited, irrespective of the format or technical process used, without the prior written approval of the agency. If prior written approval is accorded, the Customer will justify the modifications at initial request. Non-compliance with this clause or authorisation conditions will imply entitlement to damages.

II.PERFORMANCE OF THE CONTRACT: LICENSES.

II-1 photographs or videos with a "rights managed" license


a) Request for authorisation to use the photographs or videos for reproduction and/or representation with rights accorded The customer must address a request for reproduction and/or representation authorisation with regard the selected photographs or videos entrusted or downloaded to the agency. This request must include all legal text identifying the co-contractor as a legal person (legal status, capital, head office, business register number), and all relevant information on the scope and context of the planned use
- scope of use: type and format of the support medium, format used, print run, date of each publication or representation, duration, geographical territory or location of distribution, and, when applicable, the form of interpretation.
- context of use: name of the end user, location of distribution, if applicable, name of each support medium, name and type of the product, service or issue to be treated, legends or accompanying text and all other relevant information, particularly relating to the technological procedures used for reproduction, allowing the Agency to appraise the scope of the authorisation requested.


b) Acceptance of the request for authorisation and transfer of reproduction and/or representation rights


i) Acceptance procedure:
Upon receipt of the request for authorisation, the Agency will address a quote and/or invoice specifying the terms and conditions of payment and, depending on the selected document, the use and context indicated, the amount due in royalties, administration fees, any gains in value, and any applicable obligations or restrictions, to the customer. The authorisation to use the photographs or videos expressly depends on the payment of reproduction and/or representation royalties by the deadline indicated on the invoice. Any reproduction and/or representation of any type, which is non-compliant with the conditions of authorisation indicated on the basis of the information provided by the customer in accordance with the provisions of article 3 above, excludes any liability for the agency, and, if applicable, will imply entitlement for damages.


ii) Limitation of the reproduction and/or representation authorisation:Restrictions
The Agency will notify the Customer, if applicable, of any restrictions on the use of the photographs or videos subject to the transfer of rights of which it is aware. The licensee must provide all relevant information as described in the above paragraph in order to receive notification of any restrictions. Should this information not be provided, or should the information provided be inaccurate, the Customer will be liable for any breaches of the rights of third parties, and the agency cannot be required to protect reproduction rights if it is not notified of all or part of the conditions of use, whether deliberately or accidentally.


iii) Mandatory supply of substantiation:
The licensee will provide complete substantiation with original copies (at least one hard copy or an electronic version) of each of the photographs or videos published or reproduced in consideration of the transfer. The former must reach the Agency within 15 days of publication.


c) Re-use


Any further use of the photograph(s) or the video (s), irrespective of the support medium, including re-use of phototools, must be subject to a further request for authorisation to use the photographs or videos and the payment of the corresponding royalties.


II-2 "Royalty free" photographs


The customer will acquire no ownership rights for the image, and may exclusively use the image subject to the customer's sole liability.


a) Copyright
Authors transfer their rights to use (reproduction rights and public performance rights) the images sold "royalty-free" for any "normally foreseeable" use subject to compliance with the legal rights of the author, and any restrictions on use mentioned in the specific licences applicable to these images.


b) Rights of third parties,
The photos are accorded without any guarantee with regard the rights and obligations inherent to the use of the photographs or videos, whether these rights and obligations relate to natural persons, the objects in the photos, (publicity rights, privacy rights, and possibly rights to the erasure of data...), and/or any intangible rights covering the movable assets and real estate, objects of art, or even landscapes shown. Consequently, the images are used subject to the sole liability of the customer, and the latter must ensure that all rights or approvals which may be required for use have been obtained. If authorisation for the model shown is held, a copy of this authorisation will be provided at the request of the customer. The supply of this authorisation will not imply that the Agency guarantees the validity of this authorisation.

III. TERMINATION OF THE CONTRACT: DESTRUCTION OF THE FILES OR RETURNING PHOTOGRAPHS OR VIDEOS AFTER REPRODUCTION AND/OR REPRESENTATION


III.1 Digital files

Unless agreed otherwise in writing at the request of the user, the latter will destroy digital files within 10 days of the usage for which the image(s) were downloaded.


III.2 Analog photographs


a) Procedure and deadline to return the photographs provided:
The Customer will return the photographs provided by registered post, with all protection required to ensure the complete absence of damage, by the deadline defined in the slip. All photographs must be returned in their original cover or holder without annotation or any type of modification irrespective of the technical process used.


c) Loss of or damage to the photographs entrusted with the slip
The documents entrusted to the Customer are subject to the sole liability of the latter from their issue until their return to the agency, according to the above terms and conditions. In case of loss or damage, a set indemnity at least equal to the amount defined on the back of the contract will be due.

IV. CANCELLATION


a) Images used under a rights managed license


Should the customer cancel the request for reproduction and/or representation authorisation for the photographs or videos after the issue of the invoice, the Customer must pay a set amount calculated as follows:
- if the request is cancelled within 30 days of the issue of the invoice: 10% of the amount invoiced excluding V.A.T.,
- if the request is cancelled after 30 days, but before 60 days, from the date of issue of the invoice: 50% of the amount invoiced excluding V.A.T.,
- if the request is cancelled more than 60 days after the issue of the invoice: 100% of the amount invoiced,


b) Images used under a royalty-free license


Royalties relating to an image are due when downloaded in high definition. No cancellation is possible after the downloading or physical transmission of a photograph in high definition.

V. PENALTY CLAUSE


Any use of photographs or videos breaching these general conditions will lead to the payment of a penalty equal to five times the amount of the initial royalties, without prejudice to any damages due.Should the credits not be mentioned, an amount equal to twice the initial royalties due will be owed.

VI. ASSIGNMENT OF JURISDICTION


The agency and the Customer expressly accord competence to the courts of the location of the head office of the Agency.

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