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Terms & conditions

Warning

All the photographs and videos displayed on this web site are rights-managed images and are protected by the French law on artistic rights and intellectual property. The laws of March 11th, 1957 and July 17th, 1970 protect the photographic works which cannot be used or  reproduced in whole or in part, without a written agreement prerequisite by the author.These rights are registered in the Intellectual Property Code of France (statutory legislative: law 92-597 of 1.7.92): decree 95-385 of 10.4.95)

1-PREAMBLE

1-1 Welcome to our website ("Site"). These terms and conditions of use ("Terms") constitute a legal agreement between you and GERARD LACZ IMAGES. Your logging on to this Site defines you as a User ("User"), and your use of it constitutes your acceptance of the Terms.

1-2 Any extraction or use of this data base is strictly forbidden beside the use of this web site.

2- DEFINITION

2-1 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."

2-2 Photographs or videos are accorded only under rights managed licence:

2-3 The"rights managed": use of images or videos in exchange for the payment of proportional royalties use

2-4 Ownership of This Website and Its Contents

2-5 This Site is owned and operated by GERARD LACZ IMAGES. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs images, moving images, video film and software ("Content"), is owned by GERARD LACZ IMAGES, its licensors or its third-party image partners.

2-6 Any person (hereafter the "customer"), obtaining photographs or videos proposed by GERARD LACZ IMAGES SAS, 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.

2-7 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.

2-8 The photographs or videos made available for the customer by GERARD LACZ IMAGES are the property of GERARD LACZ IMAGES or beneficiaries. The Customer only acquires the right to use the photographs or videos for a specific purpose and duration, as described in the specific licensing conditions. Consequently, the photographs or videos may not be sold, but only and exclusively licensed for use.

3- CREATION OF THE CONTRACT: COMMON PROVISIONS.

3-1 Downloading of photographs or videos for use in mockups on the site of GERARD LACZ IMAGES or sending by e-mail, FTP or any other means.

3-2 Any use of the photos or videos available on the site of GERARD LACZ IMAGES 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 with in a maximum of 30 days.

3-3. Agency notification

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

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 GERARD LACZ IMAGES indicated on the digital file, or on the cover, holder, must be visible on or near to all copies or representations for photographs and in the credits for videos .

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 from GERARD LACZ IMAGES and will imply the payment of the royalties due for exclusive rights, in addition to those for basic rights.

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 GERARD LACZ IMAGES .

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 GERARD LACZ IMAGES.

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.

8- .PERFORMANCE OF THE CONTRACT: LICENSES.

8-1 photographs or videos with a "rights managed" license Request for authorisation to use the photographs or videos for reproduction and/or representation with rights accorded

8-2 The customer must address a request for reproduction and/or representation authorisation with regard the selected photographs or videos entrusted or downloaded to GERARD LACZ IMAGES . 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 GERARD LACZ IMAGES to appraise the scope of the authorisation requested.

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

8-3 Acceptance procedure:

Upon receipt of the request for authorisation, GERARD LACZ IMAGES 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 autorisation 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 autorisation indicated on the basis of the information provided by the customer in accordance with the provisions of article above, excludes any liability for GERARD LACZ IMAGES, and, if applicable, will imply entitlement for damages.

9- Limitation of the reproduction and/or representation authorisation:

9-1 Restrictions

GERARD LACZ IMAGES 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.

9-2 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 GERARD LACZ IMAGES within 15 days of publication.

9-3 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.

10- TERMINATION OF THE CONTRACT: DESTRUCTION OF THE 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.

11-. 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.

12- ASSIGNMENT OF JURISDICTION

GERARD LACZ IMAGES and the Customer expressly accord competence to the Courts of the location of the head office of GERARD LACZ IMAGES with french law In FRANCE at Court of CAEN 14000 CALVADOS

 
 
Terms and conditions | Credits | Copyright Gérard LACZ 2012