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You wish :
Download photographs for a commercial and/or public use
This charter is a contract between the original author of the photograph(s) ( the “photographer” or “the author”) and yourself ( the "vendee” or the “acquirer”). This contract will allow you to use this/ these photograph(s) either for a public and/or commercial purpose. By clicking on the link « I fully accept and subscribe to the User’s Charter » you explicitly accept the following terms of this charter and agree to abide to all its clauses, as well as the General Conditions of Use of PhotoLicence
©.
In this agreement, PhotoLicence© must be considered as an intermediary, by connecting you to the concerned photographers and providing you with the present contract as a base for your business dealings. Hence, PhotoLicence© cannot be considered as the owner of the rights you are about to purchase.
I -
Contract
This licence is a personal, non-exclusive and non-transferable licence on the sale of royalty-free photographs. With this contract, you acquire the development rights (constituted by the reproduction rights and the spreading rights), the distribution rights and the adaptationrights on the photograph(s) you are buying, whether you acquire the photograph(s) by unit or compact-discs. Please note that the adaptation right must not distort the photographer’s work. With this aim in view, you must not use any of the photographs from PhotoLicence© in a frame that could appear political, immoral, insulting, defamatory, illicit, depreciating pornographic or xenophobic.
The sale and the transfer of rights involved become effective once the payment has been made entirely to PhotoLicence©.
Your bill and a licence summing up these rights and obligations will be delivered at the end of your purchase and will be available on your Personal Account (straight away if you pay by credit or debit card, or later on if you pay by cheque). Please keep these proofs of your purchase safely.
Similarly, the marking of “Photolicence” on the photographs you bought will be deleted
when downloaded from your Personal Account.
II -
Price
Each photograph is sold on a lump sum basis excluding taxes and its price will depend on the chosen resolution for the download. For any photograph bought, the vendor must also pay the VAT, applied at the legal rate (currently at 19.6%), except for acquirers from outside the European Union or possessing an intra-Community number.
There are two kinds of CDRoms for photographs that can be purchased on our website: either CDs designed by PhotoLicence© or CDs composed by the vendee (personal CD). For Personal CD, the vendee is free to choose as many as 500 MB of photographs that are available for sale at the wanted resolution. For any type of CDs, the prices indicated on the site do not include taxes. The prices are fixed regardless of the resolution and the number of photographs chosen.
III -
Rights
this licence allows you to make private and/or commercial use of the photographs you are acquiring, using all sort of medium and for alluses,. However, all photographs or part of them cannot be used within an image database, on any kind of material and/or digital support (Cd-Rom, data banks on and off-line, etc.).
These rights are granted for a time-period of ten years and are renewable, following the same proceedings, at this agreement expiry date. Since the sale of the photograph(s) is taking place on the Internet, a worldwide network, the rights provided by this licence are valid for any place and in any country.
IV -
Obligations
When using the purchased photographs, it is compulsory to indicate in an explicit and clear way :
1- the internet address of Photolicence© ( www.PhotoLicence.com),
2- the name of the original photographer,
3- the copyright © .
Moreover Some of the photograph(s) you are purchasing may represent architectural monuments, work of arts, objects or trade brands which can be protected by special copyrights ( such as intellectual PROPERTY code, image and PROPERTY code, civil code, drawings and model laws, protected and REGISTERED trademarks laws, etc). If the acquired photographs are protected by special copyrights it is your duty to obtain from the holder of these rights the appropriate authorisation to use the photographs for this particular purpose.
V -
Limits
All the photographs included in the database of Photolicence© are the properties of their authors and are protected by copyrights. All rights and titles of the photographs belong to their authors. The sale of a photograph or a Cdrom never grants any kind of intellectual property right on this photograph, but only a right for a private or commercial use. The purchased photograph(s) can not be the subject of any kind of transaction, commercial or not. Only the original author is authorized to sell and transfer his photograph(s).
This licence of use that you purchased is not transferable and excludes categorically the resale, the rent, the loan, the use or distribution of all or part of the downloaded photograph(s), on behalf or for the benefit of someone else than you.
Photolicence© is offering no guarantee on the usable nature of the photograph(s) you have purchased. Hence, all photographs can be consulted at any time and at the final resolution you wish and you have to evaluate the quality and the relevance of the photograph(s) before you definitely conclude your purchase.
The rights acquired from the purchase of the licence of use can only be exchanged or refund under the conditions described in the Chapter VI of this present charter.
The non-respect of this present charter immediately involves the cancellation of the rights acquired on the photograph(s). Legal procedures could also be instituted against you by the original author of the photograph(s).
VI -
Particular Cases
In application of the Consumer Code the vendee cannot cancel his purchase, the bought photographs and/or Cds beingconsidered as definitely purchased.
In special circumstances, notably on evidence of the dishonesty of the photographer, Photolicence© reserves itself the right to cancel a purchase already made and will notify concerned persons by e-mail. In such a case, the vendee will be refund without delay. Furthermore, the vendee will be free to institute legal procedures against the photographer.
Photolicence© could also unilaterally modify the present charter. The new contractual clauses become effective the day after the modification and are relevant only for new contracts. All Contracts established before remain ruled by the previous contractual clauses.
Finally, the contract and the transfers of rights as mentioned above are exclusively established between the vendee and the photographer, in such a way that all legal procedures can only be a matter for these two persons to be dealt with.
Photolicence© is not, the owner of the rights on the photograph(s) at anytime and cannot be held responsible for dispute between the vendee and the photographer.
However, the General Conditions of Use of Photolicence© are based on the application of the French Intellectual Property Code, all legal procedures must be addressed to a French court.
If you have any question regarding the legal and/or commercial clauses of this charter, contact us at the section « contact »on the web site or directly to the following address
: contact@photolicence.com .
We also invite you to read our Terms and Conditions to be fully informed of the clauses that correspond to your profile.
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Download photographs for private use
The download of photograph(s) from the data base of Photolicence © , regardless of its resolution, its destination or its author, involves the full acceptance of the download conditions stated hereunder as well as the General Conditions of Use of Photolicence © .
The photographs proposed on this website may be downloaded for private use «strictly restricted to the realm of the family » - according to article L 122-5 of the French Intellectual Property Code.
Please note that the marking “Photolicence” will be included on all photographs that are downloaded at a resolution superior to 1 000 000 pixels.
Nevertheless, if you wish to support the work of our photographers, or if you wish to download a photograph at a resolution higher than 1 000 000 pixels which does not include the marking “Photolicence”, you can purchase a commercial licence of the photographs. The obtained contract will enable you to make a public and/or commercial use of the photograph(s). For more information, refer to Download photographs for a commercial and/or public use Section of this Charter.
I -
Banning
In the frame of a free download, the photograph(s) should not be duplicated, transferred or printed for any kind of public, marketing and/or commercial destination. They Cannot be disclosed outside the Realm of the family.
Hence, the inclusion of photographs in any publication, material or digital product or spreading medium is absolutely prohibited. Similarly, the use of any photograph(s) or part of it on an image database is forbidden on both material and numerical/digital support (Cd-Rom, data banks on and off-line, etc.).
All the photographs inside the data base of Photolicence© are the properties of their authors and are protected by copyrights. All rights and titles of the photographs remain the ones of their authors. The authorization for downloading, whether it is charged or for free, never grants any kind of intellectual property right on these photographs to the vendee. The photograph(s) cannot be subjected to any kind of transaction, commercial or not. the original author is the only person authorized to sell and transfer his/her own photograph(s).
The right to use the photographs for personal purpose that you have obtained is not transferable and excludes categorically any resale, loan, rent, use or distribution of all or part of the downloaded photograph(s) on behalf or for the benefit of someone else than you.
Moreover, you are not entitled to use any of the photographs from Photolicence© in a frame that could appear political, immoral, insulting, defamatory, illicit, depreciating pornographic or xenophobic and you are liable for the use and the consequences of the use of the photographs.
II–Obligations
When using the downloaded photographs, it is compulsory to indicate in an explicit and clear way :
1 the internet address of Photolicence© ( www.PhotoLicence.com) ,
2 the name of the original photographer,
3 the copyright © .
III–Particular cases
Photolicence© could unilaterally modify the present charter. The new contractual clauses and clauses of use become effective the day after the modification and are relevant only for new contracts. All Contracts established before remain ruled by the previous contractual clauses.
The breach of the present charter immediately involves the cancellation of the rights acquired on the photograph(s) and legal procedures could be instituted against you by the original author of the photograph(s).
Insofar as the General Conditions of Use of Photolicence © are based on the application of the French Intellectual Property Code, all legal procedures must be addressed to a French court.
If you have any question concerning the clauses of this charter, contact us at the section « contact us » on the web site or directly to the following address
: contact@photolicence.com
We also invite you to read our
Terms and Conditions
to be fully informed of the clauses that correspond to your profile.
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The General Conditions of use of Photolicence© are composed of :
• The Acquirer’s Charter
• The Photographer’s Charter
• Terms and Conditions
• The Privacy Charter
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