General conditions for the use of photographs and videos

The extraction and/or reuse of our database is prohibited outside the use of the site.

PREAMBLE

• I. For the purposes of this contract, the notion of photography or video is defined as "Any document reproducing an image or video on an analog or digital medium or any other medium in accordance with technological developments".
  
  

  The pictures or videos are only granted in
  
  Managed Rights: use of photographs or videos giving rise to the payment of proportional exploitation rights.

  
  
• II. Any person (hereinafter "the client"), who comes into possession, by any means whatsoever, (high or low definition download, postal delivery, hand delivery...) of the photographs or videos proposed by our company (hereinafter "the Agency") is deemed to have read and accepted these general conditions of rental and use of our photographs or videos.
  
  
• III. Any use made in violation of these terms and conditions is unlawful.
  
  Any clause contrary to these terms and conditions appearing on a customer's commercial document (in particular an order form...) shall be deemed unwritten.
  
  
• IV. The photographs or videos made available to the client by the Agency are the property of their authors or their beneficiaries, the Client only acquires a right of exploitation for a specific use and duration, listed in the special conditions.
  
  Consequently, photographs or videos may not be sold but only and exclusively rented and loaned for use.
  
  

• I.FORMATION OF THE CONTRACT: COMMON PROVISIONS.
  
  
• I.1. Uploading photographs or videos for mock-up use on the agency's website or sending them by e-mail, FTP or any other means.
  
  Any use of the photographs or videos available on the agency's website without prior transfer of rights is prohibited, with the exception of use for the purpose of making models or preparatory work, for strictly internal use.
  
  The digital files used in this context must be destroyed after internal use, and at the latest within a maximum of 30 days.
  
  
• I.2. Provision of analog photographs to the client
  
  a) Provision by post, physical delivery or courier:
  
  Based on the information provided by the Client, the Agency draws up a loan and rental slip indicating the references of the photographs lent and the rental exemption period, which it submits at the same time as the photographs.
  
  b) Lease exemption period:
  
  During the period of the rental waiver, the analogue photographs are only made available for consultation and the provision excludes any use. Failure by the Client to comply with this provision authorises the Agency to refuse any further services. Any complaint concerning the photographs made available for consultation must be made by registered letter with acknowledgement of receipt, at the latest five days after receipt of the photographs.
  
  c) Return of documents at the end of the franchise period in the absence of use, exploitation and transfer of rights:
  
  At the end of the grace period as set out in the loan and rental slip, the Client, who does not intend to use or exploit the documents entrusted, expressly undertakes to return them without delay, on condition that he takes all necessary steps to return the photographs to the Agency's address indicated on the slip.
  
  In the event of failure to return the goods within the deadline, it being specified that the burden of proof of compliance with the said deadline lies with the customer, a flat-rate amount specified on the front of the contract will be due per day of delay.)
  
  
• I.3 Information from the agency
  
  Whatever the method of obtaining the photographs or videos (downloading, mailing, delivery, etc.), the Client undertakes to inform the Agency before any use of the photographs or videos. Failure to comply with this provision excludes any liability on the part of the agency for any use of which it has not been informed.
  
  
• I.4 Mandatory information.
  
  The signature of each photograph or video is a legal obligation, regardless of the form, importance or confidentiality of the use.
  
  Consequently, the exact and complete mention of the author's name and the name of the agency indicated on the digital file, or for silver photos, on the cache, cover or back of each photograph, must appear legibly on or next to each reproduction or representation and in the film credits for videos.
  
  The removal of information contained in the IPTC fields of images is prohibited. The information contained in the IPTC fields must be kept for all images published on Internet and/or extranet sites, mobile applications, social networks, etc.
  
  
• I.5. No exclusivity
  
  The transfer of reproduction and/or representation rights is never granted on an exclusive basis. Exclusivity may only result from a specific written agreement and involves the payment of rights due under exclusivity, distinct from the basic right.
  
  
• I.6. Payment of fees: resolutory condition
  
  THE AUTHORIZATION TO EXPLOIT A PHOTOGRAPH OR VIDEO IS GRANTED UNDER THE EXPRESS RESOLUTORY CONDITION OF THE EFFECTIVE PAYMENT OF THE RIGHTS RELATING TO IT.
  
  CONSEQUENTLY, NO EXPLOITATION OF A PHOTOGRAPH OR VIDEO CAN BE CARRIED OUT WITHOUT THE PAYMENT OF THE CORRESPONDING RIGHTS,
  
  OTHERWISE, THE CONCESSION WILL BE AUTOMATICALLY TERMINATED AND THE REPRODUCTION OR REPRESENTATION THUS MADE WILL CONSTITUTE AN INFRINGEMENT OF THE RIGHTS OF THE AGENCY AND THE AUTHORS.
  
  
• I.7. Modification of photographs or videos
  
  any modification of any nature whatsoever, in any form or by any technical means, is prohibited without the prior written consent of the Agency.
  
  In the event of prior written agreement, the Client undertakes at first request to justify the modifications made. Failure to comply with this prohibition or authorisation shall give rise to the right to damages.
  
  
• II. EXECUTION OF THE CONTRACT: OPERATING LICENCE WITH MANAGED RIGHTS
  
  
• II.1 Request for authorization to use photographs or videos for reproduction and/or representation purposes with the grant of rights
  
  The client must send the Agency a request for authorization to reproduce and/or represent the photographs or videos entrusted or downloaded that he has selected and chosen.
  
  This request must include all legal information enabling the contracting partner to be legally identified (legal form, capital, registered office, registration with the RCS), as well as all relevant information on the extent and context of the intended use:
  
  - extent of use: type and format of the medium, format of use, circulation, date of each publication or representation, duration, geographical location or place of distribution, and, if applicable, form of interpretation.
  
  - context of use: name of the end user, place of distribution, if applicable, name of each medium, name and type of product, service or subject to be covered, captions or accompanying texts and any other relevant information, in particular concerning technological reproduction methods, enabling the Agency to assess the scope of the authorisation requested.
  
  
• II.2 Acceptance of the request for authorisation and transfer of reproduction and/or representation rights
  
  a) Terms of acceptance:
  
  On receipt of the request for authorisation, the Agency shall send in return an estimate and/or invoice specifying the terms of payment, and depending on the document chosen, the use and context indicated, the amount of the fees, the amount of the management fees, any capital gain, and any corresponding obligations or restrictions.
  
  The authorization to operate is expressly subject to the payment of reproduction and/or representation rights, within the period indicated on the invoice.
  
  Any reproduction and/or representation of any kind whatsoever, not respecting the conditions of the authorisation given on the basis of the information provided by the client in accordance with the provisions of Article 3 above, is exclusive of any liability of the agency, and where applicable, gives rise to claims for damages.
  
  
• b) Limitation of the authorization of reproduction and/or representation:
  
  The Agency shall inform the Client, where applicable, of any restrictions on the use of the photographs or videos that are the subject of the transfer of rights and of which it may be aware. Information concerning restrictions is necessarily subject to the transferee's provision of all relevant information referred to in paragraph a above.
  
  If the said information is not provided or if it is inaccurate, the Customer shall be liable for any violation.
  
  
• II.3 Compulsory provision of supporting documents:
  
  In return for the transfer, the transferee of the rights undertakes to provide complete and original supporting documents in a minimum paper copy or in electronic form for each publication of the photographs or videos published or reproduced, which must reach the Agency within 15 days of publication.
  
  
• II.4. Reuse:
  
  Any new use of the photograph or video, whatever the medium, including the reuse of typons, must be the subject of a new request for authorization of use and payment of the corresponding fees.
  
  
• III. TERMINATION OF THE CONTRACT: DESTRUCTION OF FILES OR RETURN OF PHOTOGRAPHS OR VIDEOS AFTER REPRODUCTION AND/OR REPRESENTATION
  
  
• III.1 Digital files:
  
  Unless otherwise agreed in writing at the user's request, the user undertakes to destroy the digital files within 10 days of the exploitation for which the photograph(s) or video (s) was (were) downloaded.
  
  
• III.2 The silver photos:
  
  a) Methods and deadline for returning the photographs entrusted to us:
  
  The Client undertakes to return the photographs entrusted to him by registered mail, ensuring all necessary protection for its complete conservation within the time limits defined on the form. All photographs must be returned to their original cache or pocket without annotation or modification of any kind by any technical means whatsoever.
  
  
• b) Loss or deterioration of photographs entrusted by docket information:
  
  The documents entrusted to the Client are under his sole responsibility from their delivery until their return to the agency according to the terms defined above. In the event of loss or damage, at least a lump sum compensation will be payable, the amount of which is fixed on the front of the contract.
  
  
• IV. CANCELLATION
  
  
• In the event of cancellation by the client of the request for authorization to reproduce and/or display the photographs or videos after the invoice has been issued, the Client shall be liable for a fixed amount calculated as follows:
  
  - if the cancellation occurs within 30 days of the invoice being issued: 10% of the amount excluding VAT on the invoice,
  
  - if the cancellation occurs after the 30th day and up to 60 days after the invoice is issued: 50% of the amount excluding VAT on the invoice,
  
  - if the cancellation occurs after the 60th day: 100% of the invoice amount,
  
  
• V. PENAL CLAUSE
  
  
• Any use of photographs or videos that violates these general conditions will result in the payment of a penalty clause representing five times the amount of the initial rights without prejudice to any damages.
  
  The omission of the credit will result in the payment of an amount representing twice the amount of the initial duties.
  
  
• VI. CLAUSE CONFERRING JURISDICTION
  
  
• The Agency and the Client expressly declare that they grant jurisdiction to the Courts of the Agency's registered office