Images bank > Terms of service

GENERAL TERMS AND CONDITIONS OF SALE AND USE OF PHOTOGRAPHS IN PARTICULAR THOSE DOWNLOADED FROM THE WEBSITE PROARTISPHOTO.COM

Use of this website and/or downloading of its contents imply your acceptance of the terms of this contract.

This contract is applicable to you and where the website is accessed on behalf of your employer, it is applicable to you and to your employer. Proartisphoto reserves the right to modify its conditions from time to time at its sole discretion, and your use of the site will then become subject to the conditions of the latest version of the contract, as posted on the website at such time as you are using it.

If you do not wish to be bound by this contract, do not accept the contract, and do not use this site, or download or use the images contained therein.

Preamble:

This site is owned and operated by Proartisphoto, a limited liability company. All related images and data, irrespective of the medium provided by Proartisphoto under this contract, including the text, related captions or other information (collectively referred to by the term "images") are the property of Proartisphoto or of our image providers.

All the images are copyrighted by French and international laws pertaining to intellectual property.

This site contains both images with visible watermarks and images without visible watermarks. Proartisphoto allows you to search, display and use the images with a watermark provided that you comply with the instructions below. You are not authorized to remove any copyright notice or any other proprietary notice that accompany the images, watermarks or any other material appearing on this site. Proartisphoto reserves the right to withdraw your authorization to display, download and use the images at any point in time as well as data made available on this site and you will undertake to immediately cease using the service as soon as you receive a written notice from Proartisphoto, whether by post or through e-mail.

All the rights not specifically granted under this contract are reserved to Proartisphoto. Additionally, you do not have the right to use software to scroll or operate our website and/or download images or related data.

Applicability:

The download of an image from the Proartisphoto.com site implies that the present conditions were read and accepted. The present conditions are thus applicable to the use of any image downloaded from the Proartisphoto.com site or provided through any other medium.

Intellectual property:

All the rights relating to the images downloaded from the site of Proartisphoto.com are the property of Proartisphoto, a limited liability company, located at 3, rue de Téhéran, 75008 Paris - France, which authorizes the use of the said images only within the limits defined by the present general conditions or in accordance with special written conditions, as the case may be.

3.1 User license applicable to press organs having entered into a user agreement:

Proartisphoto grants to press organs having a user agreement, a personal, non-exclusive and non-transferable right of use of the images downloaded from its site, solely for the following purposes: they may be copied onto a hard disk and processed exclusively with a view to their incorporation into only the editorial pages of the press organ referred to by the aforementioned agreement, and they may finally be incorporated into the aforementioned editorial pages, excluding any other use generally of any kind.

3.2 License for other users:

Proartisphoto grants to other users, subject to the precedent condition of payment of the sums due, a personal , non-exclusive and non-transferable right of use, for one year as from the first download of the images contained on its site, for the following purposes only: they may be copied onto a hard disk and processed exclusively in view of uses as listed hereinafter: they may be incorporated into publications of format smaller than 1.000 cm2, in relation to which the user holding the user license is the editor or designer, acting in his own name or on behalf of his customers, such as fold-outs, catalogues, folders, invitations, greeting cards, small poster flyers, business reports, corporate newsletters, specialized press, general or institutional press, websites and CD-ROM or other authors, digital or magnetic, or process replacing these in the future, as long as the screen resolution of the image is equal to or lower than 72 DPI.

For use in relation to larger formats, the user will need to obtain the approval of Proartisphoto; special rates may then be applied accordingly, on a case-by-case basis.

Use of the images on Internet, CD-ROM, or other digital or magnetic media, downloadable or re-usable by third parties, in any form whatsoever, are thus excluded from the license.

3.3 Use of images with watermark:

Subject to your compliance with this contract, Proartisphoto grants to you a temporary license for downloading images with watermark solely so you may assess your interest in purchasing a license to use an image without watermark in accordance with standard terms and conditions relevant to your use. You are entitled to use the images with watermark for sixty (60) days as from the date of download into your internal compositions and presentations to assist you in your assessment. You do not have the right to use an image with watermark in the final material distributed within your company or in material distributed outside your company, to the public or via an online distribution system or any other digital form whatsoever. You do not have the right to modify, to distort, or delete any visible or digital watermark, nor to disassemble or decompile an image. Except for limited internal tests and use for the purposes of samples, Proartisphoto does not give you any other right and you do not have the right to distribute, grant under license or make available for use or distribution any image with a watermark.

4. Uses not covered under the license:

Uses of Proartisphoto’s images not covered by the licenses as described in Articles 3, will require prior written agreement.

In the event of use unauthorized under Articles 3, and without prejudice to the terms providing for the expiry of the license, in particular in the event of unauthorized use of Proartisphoto’s images, an indemnity equivalent to five times the basic Proartisphoto’s rate will be payable to the latter.

5. Moral rights:

The reference ©Proartisphoto.com, as well as the name of the author of the downloaded image whenever it is mentioned on the site Proartisphoto.com, shall always be displayed clearly close to any use of the image of Proartisphoto Com.

In case of failure to observe this specific obligation, an indemnity equivalent to the basic rate of Proartisphoto.com for use of the un"signed" images will be payable.

In addition, the integrity of the images of Proartisphoto shall be respected.

Failing this, in the event of use of images that are edited or transformed, an indemnity equivalent to three times the basic rate will be payable, without prejudice to Proartisphoto’s right to claim a more consequential damage and to request reparation.

6. Duration:

The user license as granted under Article 3 lasts one year as from the first download but will terminate before term in case of failure to comply with the present general terms and conditions and, in particular, in the event of use of Proartisphoto’s images for purposes other than those described above or else in the event of transfer, notably by sub-license, of the user rights granted.

Upon the expiry of the license, and in particular in the event of its early termination, all uses of Proartisphoto’s images must immediately cease and all copies of Proartisphoto’s images must be deleted.

7. Rights of third parties:

The use of an image or of a document is always likely to infringe upon third parties, and in particular upon the persons being represented or upon the holders of rights, in particular relating to objects, logos or brands represented. Proartisphoto has been authorized by the majority of the third parties concerned for uses that are completely neutral.

In certain cases, Proartisphoto shall inform you, before you access an image, that it does not hold the authorization from the person (or possibly of the object) represented.

Such is the case if the reference of the images you viewed appears in accordance with the paragraph of the general conditions which you will have to approve to enable you to pay for the images and to download them ".

In all other cases, the onus is on you to obtain prior confirmation from Proartisphoto of the existence of such an authorization and, in case of doubt as to the neutral nature of the intended use, to ask Proartisphoto; failing this, Proartisphoto cannot accept responsibility for the damage caused to third parties.

In all cases where use of Proartisphoto images is not entirely neutral with regard to third parties, either because it infringes upon their rights or because they themselves or the objects over which they hold rights are represented in a negative light, or still, in a sensitive context from the social, philosophical, religious, sexual or such point of view, Proartisphoto can in no way be held responsible for having authorized the download of its images, if you did not receive its prior written authorization to use them in the aforementioned context.

Generally, Proartisphoto cannot be held responsible for consequences resulting from the use of the downloaded images; this is undertaken under the sole responsibility of the users of the aforesaid images.

The rights that Proartisphoto grants you do not include any license applicable to any person, any place, any property or any subject contained in an image and which may be subject to copyright, trademarks, publicity rights, moral rights, proprietary rights, or other rights belonging to third parties. You acknowledge that there is no discharge of model or property, nor any other authorization or license relating to any image, unless a specific mail from Proartisphoto specifies it expressly. Proartisphoto declines any responsibility and does not grant any license relating to any right whatsoever; neither does Proartisphoto grant you rights, including copyright, trademarks or rights of publicity owned by a person, a place, a property or a subject represented in an image.

9. Restrictions and prohibitions stated on the images:

Stated restrictions

The images may contain restrictions, including but not limited to, restrictions in terms of time, means, industry and territory of use. Ability to access an image does not by itself constitute the right to use that image. Use of an image in a manner contrary to a stated restriction is prohibited. If you cannot understand a restriction or you are uncertain about its scope, please contact Proartisphoto before downloading or the using any image.

Prohibited use

The images cannot, in any case, be used as trademark or service mark, nor for any pornographic purposes, for illegal purposes or use, nor still with the aim of slandering any person whomsoever, nor yet of violating the right to privacy or the right of publicity of a person, nor still to infringe upon a copyright, a brand name, trademark or service mark of any person or corporate body. The unauthorized use of these images constitutes an infringement of copyright and legitimates the use, by Proartisphoto, of all the rights and recourse provided for by the law pertaining to copyright, including the injunction prohibiting any subsequent use and the claim for financial damage against those who use or benefit from the use of these images. The aforementioned does not constitute a restrictive declaration of the rights or recourse of Proartisphoto with regard to any prohibited use.

Sensitive subjects

A license granted by Proartisphoto does not constitute a declaration as to the compatible use of this image with other contents. You accept sole responsibility for the use of any image in conjunction with other contents, and you undertake not to use images in conjunction with other contents relating to sensitive subjects, without first obtaining a separate written contract from Proartisphoto. Sensitive subjects include, but are not restricted to, elements capable of representing the subject of an image under a negative or unfavorable light, or to ridicule persons; they also include elements in relation to issues of sexuality, psychotropic substance abuse, mental or physical abuse, alcohol, drugs, cigarettes, AIDS, cancer or other serious physical or mental diseases, or the denigration of a person or of a product. Against payment of additional charges, certain images can be made available for use in connection with sensitive subjects. You are required to contact Proartisphoto for more information before using any image in connection with a sensitive subject

8. Account opening:

To access images without a watermark, you may apply for the opening of a Proartisphoto account; you then undertake to provide true and precise information. Proartisphoto reserves the right to authorize the opening of an account and you accept to access the authorized sections of the website and your account only by using the account number and the password provided by Proartisphoto. You are responsible for protecting the confidentiality of your account number and/or your password, where applicable, and you do not have the right to share such access information, nor to allow others to use it for accessing this site. You agree to take reasonable measures to prevent others from obtaining your access information and to inform Proartisphoto of any unauthorized access or of the need for updating or for prohibiting access to one of your employees or agents. You will be held liable to pay for all the images downloaded by other persons using your account, with or without your permission or knowledge, until and unless you notify Proartisphoto of such unauthorized use. You agree not to acquire rights of use, proprietary rights or gaping rights resulting from the use of a Proartisphoto account or a website or related services.

9.1 Overall responsibility:

The co-contracting party of Proartisphoto is, in his respect, responsible for the uses of Proartisphoto’s images that he downloaded and he thus acts as guarantor, with respect to Proartisphoto, of compliance with the present general conditions by his own relations, and without prejudice to the right of Proartisphoto to also invoke the responsibility of third parties, in particular in the event of the unauthorized use of its images. In addition, Proartisphoto, which will do its utmost to provide quality service, cannot be held responsible for the consequences of computer breakdowns or variations in colors or forms, if any, resulting from the electronic transmission of images.

9.2 Responsibility for use of images and related captions:

In spite of our efforts aimed at providing accurate information, this site may contain technical or other errors, inaccuracies or typos. Although Proartisphoto’s description of the downloaded images is carried out with as much care as possible, it cannot guarantee the correctness and accuracy of the information contained.

Moreover, this site and its images may include images and text of historical and cultural importance that are likely to contain subjects which reflect the social attitudes and the circumstances specific to a particular period or place.

It is worth noting that your search can display results whose content may seem unsuited to its context or potentially offensive text. It is your exclusive responsibility to determine whether your use of an image requires the agreement of a third party or the obtention of a license to cover additional rights, and you are required to not take into account only information provided by Proartisphoto.

In case of doubt as regards the need for additional third party rights for your use, the onus is on you to consult qualified professionals in rights management or a legal adviser.

9.3 Responsibility with respect to the people represented:

When an image is designated as having the authorization for publication of the model, it implies that the person represented by the image has signed a discharge allowing the reproduction of the aforementioned image, subject to the restrictions contained in this contract, including, but not limited to, the use of sensitive subjects. If Proartisphoto stipulates that an image is a discharge of model whereas such is not the case, the responsibility for Proartisphoto will be restricted to the amount which you will have paid to Proartisphoto for use of the image. If an image representing a person is used in a manner involving the use or the recommendation of a product or a service by the model, you must specify that the person represented is a model, and that he/she is used only for purposes of illustration.

Any license granted by Proartisphoto is subject to your obtention of all the required rights, discharges and authorizations from a third party. At the request of Proartisphoto, you undertake to provide proof of such discharges and authorizations.

9.4 Responsibility with respect to dispatches:

It is understood that Proartisphoto will not dispatch photo prints, CD’s or DVD’s, or any other electronic medium before the full, effective and confirmed payment of sums due.

Proartisphoto will do its utmost so that items are dispatched within 10 days following payment.

Proartisphoto will not be liable for delays or lateness caused by postal, delivery or forwarding companies and bodies.

10. Payments:

Any sum due to proartisphoto is payable in cash.

11. Privacy:

Proartisphoto will give full priority to compliance with the law relating to the protection of privacy with regard to the treatment of personal information.

At any time, you will be able to consult and where necessary correct your personal data held by Proartisphoto by sending a letter by post, email or fax to the latter. The information that you provide to Proartisphoto when you visit its site is mainly intended to guarantee a fast and effective processing of your requests.

Unless otherwise instructed by you during the collection of the personal information, these may also be used for commercial purposes in particular for marketing, promotion, improvement and the assessment of Proartisphoto’s services.

You may at any time withdraw the authorization to use your personal information.

Photocomptoir.com does not guarantee an equivalent compliance with the abovementioned provisions on the other websites to which there is a link from its site.

12 Cancellation:

Proartisphoto reserves the right to cancel the licenses granted to you, without prior notice, if you fail to comply with any provision of this contract or with the standard terms and conditions of Proartisphoto applicable to your use. When a license is cancelled, you will undertake 1) to immediately cease using this site and its images, (2) to immediately delete all the images and their copies on any magnetic medium and to destroy all the other copies or, if requested by Proartisphoto, to return all these copies to Proartisphoto.

Your use of the site and of its images must be in accordance with all applicable laws. Proartisphoto can at any point restrict or withdraw your access to this site, or restrict or withdraw the use of an image for any reason whatsoever, and can replace an image by another, and you will undertake to immediately cease any use of the image as soon as you receive notification of same from Proartisphoto.

13. Compensation:

You agree to compensate, defend and exonerate Proartisphoto from any responsibility against any complaint, liability, damage claims, costs and expenses, including reasonable fees and legal expenses, arising from or in relation to (1) a breach of this contract, (2) the use of this site or of an image, on its own or in conjunction with other contents, (3) your failure to conform to a restriction relating to the use of an image, or (4) any complaint lodged by a third party in connection with the use of an image, on its own or in conjunction with other contents.

14. Disclaimer:

Proartisphoto’s website and its images are provided to you on an "as is" basis. Proartisphoto does not provide any guarantees, tacit or express with regard to all the images, its site, the accuracy of information or all the rights or licenses within the terms of this contract including, without limitation, any tacit guarantee of commercial quality or suitability for a specific use and it does not guarantee that the site or any service will be uninterrupted or error-free.

Except for responsibilities that cannot be excluded or limited by the law, neither Proartisphoto, nor any of its affiliated members, can be held responsible towards you or a third party claiming damages whether direct, indirect, fortuitous, special or consecutive arising from or in relation to the use of the images, whether contended in the form of a breach of guarantee of quality or of suitability for a specific use, concerning any legal principle whatsoever, a tort action, a contract, a failure to meet a main provision or other. In no case will the responsibility for Proartisphoto or of its affiliated members with respect to the use of an image provided within the scope of this contract exceed the amount invoiced and paid by you for the use of such an image or the sum of 500 euros.

15. Infringement of copyright:

Proartisphoto reserves the right to close the accounts of users who infringe upon the intellectual property rights of others. If you believe that your work has been used or copied in a manner constituting an infringement of copyright and that such breach occurred on the Proartisphoto site, please notify a site administrator enclosing whenever possible: (1) an actual or digital signature of the copyright owner or of the person authorized to act in his behalf; (2) a description of the protected work(s) that have been subject to the infringement and the identification of the content of works so infringed; (3) a description of the location of the contents being infringed upon on the Proartisphoto site; (4) adequate information to enable Proartisphoto to contact you, such as your actual address, your telephone number and your e-mail; (5) a statement indicating that you believe in good faith that the use of the identified contents is not authorized by the owner of the rights, his agent or the law; and (6) a statement from you specifying that the information provided in your notification is accurate and, under oath of perjury, that you are the owner of the rights or that you are authorized to act on behalf of the owner of the rights.

The contact details of the site administrators are as follows:

Proartisphoto

3, rue de Téhéran

75008 Paris - France

E-mail: info@proartisphoto.com

16. Courts having jurisdiction:

This present contract is governed by French law: in the event of dispute, the Courts of Paris have sole jurisdiction; they will be seized at the entire discretion of the plaintiff.

Any dispute in relation to this contract will be governed by French laws and European legislation. This contract will not be governed by the United Nations Vienna Convention relating to contracts for the international sale of goods, whose application is hereby expressly rejected. The present parties confirm their wish that this contract, and any other document relating to it, including information, be drafted in French. In the event of dispute between you and Proartisphoto, Proartisphoto has the right to claim from you a reasonable refund of its lawyer’s fees, its legal consultancy costs, as well as any other legal expenses incurred.

16. Miscellaneous:

The contracting parties acknowledge having read and understood this contract, and undertake to be bound by all the conditions herein stipulated. This document constitutes the full contract entered into between the parties on this subject and it incorporates all the previous and current communications. This contract cannot be modified, except by written agreement signed by duly authorized representatives of Proartisphoto, provided that no purchase order or similar document issued by the customer brings modifications to this contract, even when signed by Proartisphoto. Where a condition of this contract proves invalid or unenforceable, the remainder of this contract shall remain valid and enforceable in accordance with its terms and conditions. It is the wish of the parties that the conditions of this contract be applied in their entirety, within the limits authorized by the applicable laws. Consequently, the parties recognize that if the conditions are deemed unenforceable, they will need to be modified so as to become enforceable and so as to represent as far as possible the intentions of the parties to this contract. This contract enures to the benefit of the parties and constitutes a commitment from the parties, their successors and their beneficiaries, with the exception that you may not assign or transfer this contract without the prior written agreement of Proartisphoto.

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