TERMS AND CONDITIONS
All the photographs 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)
The present document is a legal contract concluded between you and Gerard LACZ.
Customer's inscription on Gerard LACZ's web site entails acceptance of the General Conditions. By downloading pictures, you are accepting the terms of this present contract and the use specifications listed here.
Agreement for the Rental of Photographs with Assignment of Copyright
1 - Preamble - Definitions
1-a : Pursuant to the terms of this Agreement, the notion of a photograph is defined as ¬´ any document reproducing an image on a digital medium or any other medium based on the evolution of the technique ¬ª. The renting company is referred to as Customer. The lending company is referred to as Gerard LACZ.
1-b : Lawful use by Customer must comply with the following conditions, as well as full payment of the fees invoiced by Gerard LACZ and conformity of the use with the prior request.
1-c : This Agreement is expressly subject to the provisions of the Intellectual Property Code.
1-d : The photographs made available by Gerard LACZ, in digital format, are the property of the author 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.
2 - Terms and conditions for formation of the agreement
2-a : The digital photographs are available for consultation only and shall exclude any use thereof. G√©rard LACZ is authorized to refuse any future services to any clients who do not comply to this agreement
2-b : As the photographs are made available by digital file, Customer shall inform Gerard LACZ in advance of any use of the photographs. If Customer does not use them, the digital files shall be destroyed.
3 - Request for use authorization for the purpose of reproducing and/or representing the photographs, with assignment of rights
Customer shall send to Gerard LACZ, 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). It must mandatory 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 the 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 Author to assess the import of the requested authorization.
4 - Acceptance of the authorization request and assignment of the reproduction or representation rights
4-a : Terms and conditions of acceptance :
Upon receipt of the request for authorization, Gerard LACZ shall send an estimate and/or invoice specifying payment conditions, and based on the document 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 management 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 3 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.
4-b : Limitation on the reproduction and/or representation authorization :
Gerard LACZ 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 3. If Customer fails to provide said information or if such information is inaccurate, Customer alone shall be liable for violation of the restriction.
4-c : 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.
The order or download on line do not guaranty the exclusivity of a visual.
5 - Conditions connected to reproduction and/or representation
5-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.
5-b : Contractual conditions
An additional charge for ¬´ blocking guarantees ¬ª on an image or subject are fixed by mutual agreement according to each individual case. The agreed fee is due whether publication takes place or not.
Are submitted to special price, to the "advertising use‚Äù price, any promotional use of products, including the entire or part of a photograph which is part of our collections, for example cover off-prints, posters for kiosk sale, sale support, etc...
6 - Mandatory provision of proof
6-a : Customer shall provide, free of charge, complete and original proof of the documents that have been published or reproduced, that must arrive at Gerard LACZ within 15 days following publication.
6-b : In the case of electronic use, Customer shall provide the address of the site, the Internet link or a copy of the screen.
Any neglect or delays incurred in the sending of proof are subject to an immediate compensatory payment, equal to or double the amount of the rights due, without prejudice, for all other material damages
6-c : Sanction for non compliance with the legal and contractual conditions : Gerard LACZ may invoice up to 100% of the fees due.
7 - Destruction of the digital files following reproduction and/or representation
Customer agrees to destroy the digital files that were entrusted to it following reproduction and/or representation. Following use, any retention of digital files by customer or third parties is strictly prohibited.Customer bans himself from transferring them even free of charge or precariously, lending or renting them. Customer alone shall be liable for any disputes arising from distribution or use connected to the retention of these files for which a prior authorization request was not made.
8 - New use of the photographs and alterations
8-a : Any alteration (touching up, re-centring, silhouetting, photomontage) of any nature whatsoever is prohibited absent Gerard LACZ's prior written consent. Non compliance with the prohibition or prior authorization shall constitute infringement and give rise to damages.
8-b : Any new use of the photographs, regardless of the medium, must be covered by a request for use authorization and payment of the connected fees.
9 - Rights of the third parties and property that are represented
9-a : The contract, mails, invoices, indicate the prior restrictions and/or the necessary authorisations required; and/or the different rights required by a third party or representative which is exclusively the customers responsability to obtain
9-b : These restrictions, authorizations or rights shall be given based on the preciseness of the information provided by Customer with respect to the contemplated use and context of the exploitation.
9-c : Customer and the user shall alone be exclusively liable vis a 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.
10 - Paiement
The payment of copyrights invoiced by Gerard LACZ is of 30 days notice. In case of non payment at maturity, Gerard LACZ will charge in full right the legal rate of interest in force.
11 - Jurisdiction
The contract is governed by French law, this law equally applies in the case of use outside of French territory. Legal disputes between Gerard LACZ and the customer are hereby referred to the Jurisdiction Court of Caen. Includes cases of defending plurality, appeals against guarantees or emergency procedures.
COPYRIGTH : GÉRARD LACZ FEVRIER 2020 - Propixo