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Terms and conditions


Agreement for the Lending and Rental of Photographs with Assignment of Copyright

I- Preamble – Definitions


I-1. Pursuant to the terms of this Agreement, the notion of a photograph is defined as « any document reproducing an image on an analogical or digital medium or any other medium based on the evolution of the technique ». The borrowing or renting company is referred to as Customer. The lenders are referred to as the Authors.

I-2. Lawful use by Customer must comply with the following conditions, as well as full payment of the fees invoiced by Authors and conformity of the use with the prior request.

I-3. Customer’s inscription on Authors site entails acceptance of the General Conditions, which may be consulted on their site in French and English.

I-4. This Agreement is expressly subject to the provisions of the Intellectual Property Code.

I-5. The photographs made available by Authors, in analogical or digital format, are the property of the Authors (Mr Baudouin Lamourère and Miss Jeanne Fichoux) and his heirs and assigns; Customer may acquire reproduction and/or representation rights only. These photographs may not be sold but only and exclusively rented or lent for use.


 
II- Terms and conditions for formation of the agreement

 
II-1. Making the photographs available to Customer

II.1.a. Grace period:

During the rental grace period, the digital photographs shall be made available for consultation only and shall exclude any use thereof.
This grace period is of 30 days starting from the download (or delivery) of the images.

This service of making the photographs available to Customer is free of charge.

Download or acceptance of the delivery of the photographs shall be deemed acceptance of this Agreement and the General Conditions.
 
II.1.b. Destruction of files and/or return of the documents:

Following the grace period, when absence of use, exploitation and assignment of rights, the files shall be destroyed and/or any sent documents returned.

Customer shall inform Authors in advance of any use of the photographs and, if Customer does not use them, the files shall be destroyed.


II.2. Request for use authorization for the purpose of reproducing and/or representing the photographs, with assignment of rights

Customer shall send to Authors, in the absence of other agreements or practices arising from usual professional relations, a request for authorization to reproduce and/or represent the entrusted photographs that Customer has selected and chosen. Such request must contain all the legal information enabling the co-contracting party to be legally identified (legal form, capital, registered office, registration with the Register of Trade and Companies for a company, or surname, first name and complete contact details for an individual). It must obligatorily contain all useful information regarding the extent, type and context of the contemplated use:
 
- Type and extent of use: type of medium, use format, medium format, printing, date of each appearance or representation, duration, geographic establishment or place of distribution, if any, form of the interpretation.
- Context of use: name of the final user, places of distribution, if any, name of each medium, name and type of product, service or subject to be treated, accompanying captions or text and all other useful information concerning the technological reproduction methods enabling Authors to assess the import of the requested authorization.

 
In the case of an online purchase without grace period, the online order form acts as a request for authorization to use the photographs.

 
II.3. Acceptance of the authorization request and assignment of the reproduction or representation rights
 
II.3.a. Terms and conditions of acceptance:

Upon receipt of the request for authorization, Authors shall send a quote and/or invoice specifying payment conditions, and based on the photographs selected, the conditions for the indicated use and context, the amount of the fees, any increased value, corresponding restrictions or obligations, as well as the amount of administration costs. The authorization shall be expressly subordinated to payment of the reproduction and/or representation fees, within the time limit indicated on the invoice.
In the absence of total payment or in the case of partial payment, any reproduction and/or representation of any nature whatsoever shall give rise to damages and shall constitute infringement.
Any reproduction and/or representation of any nature whatsoever that does not comply with the authorization conditions given based on the information provided by Customer in accordance with the provisions of Article II-2 hereinabove shall constitute infringement and give rise to damages which may not be less than 5 times the basic fee for a corresponding isolated first use.

II.3.b. Limitation on the reproduction and/or representation authorization:
 
- Restriction:

Authors shall inform Customer, if need be, of any restrictions on use of the photographs the rights to which are assigned.
The information concerning the restrictions shall necessarily be subordinated to Customer providing all of the useful information specified in Article II-2.
If Customer fails to provide said information or if such information is inaccurate, Customer alone shall be liable for violation of the restriction.

- Absence of exclusivity:

Assignment of reproductions and/or representation rights shall not be exclusive. Exclusivity shall result only from a specific writing and shall entail the payment of fees due for such exclusivity, which are separate and distinct from the basic fees.
 

II.4. Conditions linked to reproduction and/or representation

II.4.a. Legal conditions:

Signature and mandatory mentions: the signature of each reproduction, representation or interpretation is a legal mention, regardless of the form, importance or confidential nature of the use thereof. The accurate and complete mention of the name of the author must appear legibly, on or next to each reproduction or representation.

II.4.b. Contractual conditions:
 
Mandatory provision of proof: Customer shall provide, free of charge, complete and original proof of the documents that have been published or reproduced, that must arrive to the Authors within 15 days following publication.
In the case of electronic use, Customer shall provide the address of the site, the Internet link or a screenshot.

II.4.c. Sanction for non compliance with the legal and contractual conditions:

Authors may invoice up to 100% of the due fees.
 

II.5. Destruction of the digital files following reproduction and/or representation

II.5.a. Customer’s liability:

Customer agrees to destroy the digital files that were entrusted to it following reproduction and/or representation.
Customer alone shall be liable for any dispute arising from distribution or use connected to the retention of these files for which a prior authorization request was not made.

II.5.b. Digital files archiving, duplicates, new use of the photographs and alterations:

Following use, any retention of digital files or duplicates by customer or third parties is strictly prohibited.
Any new use of the photographs, regardless of the medium, must be covered by a request for use authorization and payment of the related fees. Non compliance with this clause shall constitute infringement in accordance with the provisions of Article II-3.a. of these General Conditions.
Any alteration (touching up, re-centring, silhouetting, photomontage) of any nature whatsoever is prohibited without Authors prior written consent. Non compliance with the prohibition or prior authorization shall constitute infringement and give rise to damages in accordance with the provisions of Article II-3.a. of these General Conditions.

 
II.6. Cancellation

The Authors shall suspend or cancel any order or delivery, whatever its nature or level of execution, in case of non payment of the due amounts by Customer in due course as stated in the General Conditions.

 
II.7. Rights of the third parties and property that are represented

The Agreement, correspondence, and invoices shall mention the restrictions and/or necessary prior authorizations and/or the distinct rights of the third parties or property that is represented, which it will be up to Customer alone to obtain directly.
These restrictions, authorizations or rights shall be given based on the precision of the information provided by Customer with respect to the contemplated use and context of the exploitation.
Customer and the user shall alone be exclusively liable vis-à-vis the owners of the represented rights and alone shall be liable for any and all consequences of any claims made by the owners of the rights.

 

III- Characteristics of the formed agreement


III-1. The formed agreement is constituted of the following documents:

a. The present General Conditions

b. The order form/invoice established online by the Authors after online order confirmation by Customer

c. The confirmation of Customer online payment or bank transfer completion.
 

III-2. Order and payment conditions

III-2.a. Creation of a mandatory Member Account before buying online:

Before making any purchase online, Customer must register on the Authors website. This registration results in the creation of a Member Account on the Authors website. This registration is mainly used to determinate Customer’s nature (company or individual) as well as his/her country of residency in order to apply the appropriate VAT rate, if any, on his/her order form, according to the VAT Directive (see art. III-2.b. below).

Note: No credit/debit card number or banking information is requested during this registration process. Only the online secured payment system requests this type of information.
 
III-2.b. Note on VAT:

When the order is validated by the Authors, an order form/invoice is issued, mentioning the amounts excluding and including VAT if and when the VAT is applicable.

Note: The Authors are based in Seville, Spain, and therefore:
  • In the case of a sale to an individual based in any country of the EU, the VAT rate is 16% (normal Spanish VAT rate).
  • In the case of a sale to a Spanish company, the normal applicable VAT rate is 16%.
  • In the case of a sale to a company based in any country of the EU other than Spain and holder of a European VAT number, the invoice will only show amounts excluding VAT (6th VAT Directive, article 21-1-a).
  • In the case of a sale to individuals or companies based outside the EU, invoices will only show amounts excluding VAT.
The application by the Authors of the appropriate VAT on Customer’s invoice entirely depends on the validity of the information (and especially of the European VAT number) provided by Customer.

By registering and purchasing in the name of a company on the Authors website, Customer agrees the following conditions:

  • Customer declares and guarantees that the European VAT number that he/she provided to the Authors corresponds to his/her company, and that this company is based in a country member of the EU,
  • Customer declares and guarantees that all transactions made through his/her account on the Authors website, are made in the name of his/her company with the European VAT number that he/she provided to the Authors,
  • Customer declares and guarantees that the European VAT number as well as other information that he/she provided to the Authors are up to date, correct and precise, and that he/she will immediately inform the Authors of any necessary change or update,
  • The Authors shall ask for additional information and/or confirmation on the validity of the information (particularly regarding his/her European VAT number) directly to Customer but also to any legitimate authority. Customer expressly allows the Authors to seek for and obtain information from legitimate authorities. Moreover, Customer agrees to provide any information about his/her account on the Authors website to the Authors on first demand,
  • The Authors shall charge Customer for any applicable VAT that wouldn’t have been charged due to a non valid European VAT number provided by Customer.
III-2.c. Reminder of Customer’s personal information rights:

It is reminded to Customer that he/she can, at any time, exercise his/her right to access, modify, rectify (change of name, address, position etc…) or delete information that is personally related to him/her.

Furthermore, the Authors guarantee that this personal information is treated confidentially and are used for the only purpose of realizing a lawful transaction (particularly on the matter of VAT).

The personal data collected through the registration process will never be transmitted to any third party. 

III-2.d. Cookies:

A Cookie is a small text sent by a website to your browser, and which is stored in your computer. It is used to provide you with personalized information by allowing the visited server to identify your computer. On the Authors website, cookies are used for two purposes:
  • In order to allow visitors to use the “Your selection” option. When visitors browse the Authors website, they can add the photographs that interest them to “Your selection”. When visitors come back to the website the day, week or month after, the selected photographs will still be in “Your selection”. This is made possible by the use of cookies. Visitors can decide not to activate cookies, but this will make the “Your selection” option unusable and, therefore, the online purchase impossible.
  • For the website to keep in memory the language chosen by the visitor.
III-2.e. Statistics:
 
In order to permanently keep their website to the highest standard, the Authors gather statistics on their website visitors. The information gathered for the production of these statistics are the following:
  • Visitor’s IP Address which allows to determinate the following elements:
  • Visitor’s country
  • Browser (Internet Explorer, Mozilla Firefox, Netscape…)
  • Display resolution (800x600, 1024x768…)
III-2.f. Payment:

Once Customer has registered on the Authors website, he/she can proceed to the confirmation of his/her order form and payment of the due amounts. The payment of the chosen items can be made in three ways:
  • Using Paypal online payment system if Customer has a Paypal account.
  • Using a credit/debit card, via the secured online payment system: the list of accepted cards is displayed on the Authors website. Customer only shall be liable for the payment of the invoiced amounts. Only Customer is responsible for the payment by credit/debit card of the service supplied. Authors are not responsible for any problem arising from the functioning of the secured online payment system.
  • Soon available: By bank transfer, using the Authors bank details displayed on their website. Once the funds are cleared on the bank account, the Authors will validate the order and send an invoice/receipt to Customer.
When ordering online, Customer must provide a valid email address. This email address will receive the order form, as well as the confirmation of payment.


III-3. Payment time:

In the case of an online payment, the payment is made for the full amount immediately after confirmation of the order.
 
In the case of a bank transfer, the payment for the full amount must be received by the Authors within 10 working days after the order form is issued. If the due amounts are not received in time, the order will be cancelled.


III-4. Delivery:
 
The photographs are delivered after full payment of the due amounts is received. They are delivered by download, or by CD-Rom if the order value is superior to 150€ excluding taxes. In the case of a delivery by CD-Rom, no postal fees will be charged to Customer. Postal fees will be acquitted by the Authors.

 
III-5. Right of withdrawal:

Within a 7 day-period starting from the delivery of the photographs, Customer can exercise his/her right of withdrawal and ask for a refund of the paid amounts. These amounts, without any penalty fee except money transfer costs, will then be refunded to Customer by the Authors.

In case of a withdrawal after the photographs have been delivered, Customer agrees to destroy the digital files. Customer alone shall be liable for any dispute arising from distribution or use connected to the retention of these files.
 
In any case, a refund will only ever be made once the amounts paid by the Customer requesting this refund will have been cleared on the Authors account and confirmed by the authorized establishments (bank or Paypal). This clearance period can take up to 10 working days after the Customer has made the payment.