TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
This document explains the terms and conditions on how to communicate and use the photographs from the site ernoult.com.
These terms and conditions constitute an agreed contract between you and the ernoult.com.
The downloading of a photograph implies the total acceptance to respect the clauses and the obligations of this contract.
1. Purpose of contract :
This agreement is not a bill of sale of the photograph but a contract for the transfer of limited rights for the reproduction of a chosen picture.
Copyrights remain subject to the prior and full payment of the total amount of the invoice transferred to the bank account mentioned in the invoice.
Aerial, underwater and exceptional photographies : +100%
The acquisition of rights for reproducting a photograph from the site allows for a single use or a single publication.
Two copies minimum of each publication or reproduction of documents shall be provided free of charge to Alain Ernoult no later than one (1) month following the publication or reproduction of said documents. In case of delay a penalty coorresponding to the copyright value amount shall be invoiced without any prior notice.
2. Scope of contract :
The conditions for the rights to use and circulate a photograph are
established according to the following criteria :
– Type of support (Press, edition, advertising, multimedia…),
– Number of copies in circulation,
– Format of the reproduced photograph and communication of the media plan, in case of advertising utilization,
– Regions reached through the transfer,
– Period of utilization (one week, one month, six months, one year…).
The authorization to reproduce and/or represent is only valid once the user has sent a purchase order detailing the « MEDIA PLAN » (type and extent of use in space and time) and after the full payment of the corresponding rights.
3. Storage and utilization :
It is strictly forbidden, unless previously agreed with the ernoult.com, to do the following :
– Duplication or reproduction by any means, and particularly by scanning for the purpose of digitization,
– Storing or incorporation into digital files,
– Modification of centring, photomontage, touching up or digital manipulation of the photograph.
4. Counterfeiting :
The right for reproducing a photograph is given within the frame of a
previously agreed contract, according to the article 2.
Any use or exploitation of a photograph, outside the field of this
previously defined contract, is considered as counterfeiting and is liable
to penal sanctions.
Therefore it is strictly forbidden.
The photographs fully belong to the photographer; the user is not allowed to transfer the rights to a third party, to divest the analogue carriers, to lend them, to pledge them or to transfer them, free or against payment.
5. signature :
The signature of the author is mandatory (in full accordance with article L121-1 of Intellectual Property Code)
The names of the photographer and of his authorized agent, preceded by the symbol (C) or by the copyright reference must imperatively appear next to each reproduction, so that the identification of the photograph and of its author can be made without any ambiguity or confusion.
Any omission of the name of the photograph and/or of his authorized agent, any wrong or incomplete information, any grouped signature preventing the clear identification of the author will incur a contractual compensation, payable immediately and which is equal to twice the amount of the rights agreed for the declared utilization, without prejudice of any other rights or claims.
6. Respect of captions :
The captions supplied with the photographs must be respected.
Any modification or misinterpretation of the image or counter-use are the entire responsibility of the user.
7. Third Party Claims :
The main obligation of this contract lies in the guarantee of establishing
the author’s rights given for the reproduction and disclosure of an image
It is specified that no authorization or agreement is given for the people
featured on the photographs, the owners of movable, tangible or intangible properties, or buildings featured on photographs or to the authors or beneficiaries of graphic, plastic or architectural works taken in photos.
Since the user will be making his own independent decision relating to the editorial content of the documents, and its association with the photographs he is reproducting and publishing, the user shall have sole responsibility for the same regarding the parties mentioned before, the owners of movable and immovable property or the authors of art presented on the photographs or their right-holders. It is the responsibility of the user to acquire the necessary authorizations and he shall waive any recourse against the agency in case of any complaints, recourse, claims for damages or any other action from the same parties.
8. Promotional or advertising utilization :
A special authorization must be requested for any promotional or advertising utilization.
This authorization will only be given upon presentation of the media plan, the type and the scope of the utilization, in terms of format, circulation and duration.
Without any confirmed agreement, the user is the only one responsible and guarantees the agency in case of any complaints, recourse, claims for damages or any other condemnation he would receive.
9. Exclusive rights :
It is reiterated that unless a formal request has been made and agreed upon, the rights for reproducing a photograph are non-exclusive.
10. Inalienability :
The transfer of the reproduction rights to a third person, as stated in this
contract, is strictly forbidden.
11. A copy of each publication will be provided to the author within 30 days of the date of publication. Failure to do so will imply the payment of a compensation package equivalent to the amount of agreed rights.
The price for transferring the reproduction rights of an image, according to the terms of this contract, is determined according to the nature of the
information provided in Paragaraph 2.
13. Choice of Jurisdiction provision :
All parties agree to adhere to the application of the French law and give
power of jurisdiction to the Tribunal de Commerce de Paris.