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General conditions of use

We invite you to read carefully these general conditions of use of the Site (hereinafter also referred to as the “GCU”). These GCU specify the terms and conditions under which you may consult and use the Site, as defined below, and the obligations and prohibitions that you must respect. They also specify your rights of use.

 

Application of the GCU

The GCU govern the use of the www.photo-ip.com website (hereinafter referred to as the “Site”) and the rights of use relating to its content, which includes, in particular, texts, photographs, videos, images and logos. All of the Site’s content, without exception, regardless of genre, form of expression, medium or means of consultation, is hereinafter collectively referred to as the “Content”.

The Site is published by LEGI-ART, a law firm whose registered office is located at 4 rue Brunel, 75017 Paris, registered with the Paris Trade and Companies Register under number 983 026 485, registered with the Paris Bar Association under number D2159 (https://www.avocatparis.org/annuaire). LEGI-ART is hereinafter referred to as the “Publisher”.

The GCU apply to all users of the Site, whether natural persons or legal entities, regardless of how they access, consult or use the Site (hereinafter referred to as the “User”). As access, use or consultation of the Site is expressly subject to prior acceptance of all the provisions of the GCU, all Users declare and acknowledge that, by accessing, using or consulting the Site, they have read the GCU and accepted all their provisions.

A User, if he so wishes and completes the subscription form provided, may subscribe to the Site in order to access all of its Content in accordance with the terms and conditions defined by the GCU. A User who has subscribed to the Site is hereinafter referred to as a “Subscriber”. All rights and obligations applicable to a User are applicable to a Subscriber.

 

Site purpose – Disclaimer

The Site and its Content have been designed for photography and image professionals and for all those involved, directly or indirectly, in the creation, promotion, protection, distribution or marketing of photographs. The Content includes legal information as well as practical recommendations designed to provide legal security for the activities of these professionals.

Despite all the care taken in the drafting of this Content, in particular the Studies, Models and Articles, the state of the law is constantly evolving as a result of changes in legislation and/or case law, so that the Publisher cannot guarantee the accuracy, completeness and relevance of the information, models and recommendations provided by the Site. The interpretation of the law is often the subject of controversy. The information, models and recommendations available on the Site are provided for information purposes only and in no way exempt a User from seeking the services of a legal professional.

 

Ownership of Content

The Content is the property of either the Editor or the Editor’s partners. This Content, whether or not it is protected by an intellectual property right, belongs, in any case, to its creator or to the holder of the rights attached to it.

The User agrees not to use, exploit, copy or use in any way whatsoever all or part of the Content that is not specifically and expressly authorized by these GCU.

Compliance with this prohibition is a determining condition of the rights of use granted to the User under the terms of the GCU.

  • Photographs, images and illustrations

Photographs, images and illustrations (“Iconographic Content”) are the exclusive property of the holders of the rights, whether or not they are expressly identified on the Site.

The Iconographic Content is exclusively intended to illustrate the Site, and the Publisher has only a limited right of use over this Iconographic Content.

The User is prohibited from copying, reproducing, representing and/or using, in any way whatsoever, said Content, without the prior written authorization of the rights holder, it being hereby specified that this prohibition applies to any reproduction of the Content concerned on any medium whatsoever, including, in particular, the Site and any other site, search engine or indexing tool on which it may be temporarily or permanently reproduced in a lawful or unlawful manner.

In the event of violation of this prohibition, the User undertakes to pay to the rights holder, at the latter’s first request, whether or not the Content concerned is protected by an intellectual property right, compensation equal to ten times the amount of the royalty that would have been payable had the User requested a license of use, without this compensation being less than 3.500 euros per observed use, without prejudice to any additional compensation that the rights holder may be entitled to claim in view of the nature and/or extent of said uses, the photographer’s reputation, infringements of the moral rights of authors, extra-patrimonial damage and costs and fees incurred in defending its rights.

  • Texts

The texts, including in particular articles, studies, essentials, models and updates (the “Editorial Content”), whether or not they are protected by intellectual property rights, are the exclusive property of the Publisher or, in the event of specific mention to this effect, of the Publisher’s identified partner.

The User agrees not to copy, reproduce, represent and/or use, in any manner whatsoever, the Editorial Content, without the prior written consent of the Publisher or, where applicable, the partner concerned, it being hereby specified that this prohibition applies to any reproduction of the Content concerned on any medium whatsoever, including, in particular, the Site and any other site, search engine or indexing tool on which it may be temporarily or permanently reproduced in a lawful or unlawful manner.

In the event of violation of this prohibition, the User undertakes to pay the Editor or, where applicable, the partner concerned, at the latter’s first request, compensation equal to 3.500 euros per observed use, without prejudice to any additional compensation that the Publisher or, where applicable, the partner concerned, may be entitled to claim with regard to the nature and/or extent of the said uses, infringements of the moral rights of the authors, extrapatrimonial damage and costs and fees incurred in defending its rights.

  • Other content – Site

Content other than Iconographic or Editorial Content, architecture, design, ergonomics, software components and other elements of the Site (the “Site Components”), whether or not they are protected by intellectual property rights, are the exclusive property, as the case may be, of the Publisher, its partners or service providers.

The User is prohibited from copying, reproducing, representing, exploiting, translating, adapting and/or using, in any way whatsoever, this other Content or the Site Components, without the prior written authorization of the Publisher or, where applicable, the partner or service provider concerned, It is hereby specified that this prohibition applies to any reproduction of the Content concerned or of any Site Component on any medium whatsoever, including, in particular, the Site and any other site, search engine or indexing tool on which it may be temporarily or permanently reproduced in a lawful or unlawful manner.

 

Opposition to all data mining techniques

The Publisher, its partners and service providers are opposed on the Site and its Content to any method, technique or process, of any nature whatsoever, having the purpose or effect of analyzing, copying, breaking down or any other mode of exploitation, aimed at extracting information, in particular constants, trends and correlations, likely or not, to generate products or services competing with those of the Publisher.

These methods, techniques or processes may only be used on the Site or its Content with the prior written consent of the Publisher and, where applicable, its partners or service providers concerned.

 

Rights of use

The Publisher grants the User a personal and non-exclusive right to consult the Content for his/her own needs. Access to the Site and the Content does not entail any transfer of rights of any kind to the User.

The Publisher grants the User a personal and non-exclusive right to download or copy models of deeds or letters (hereinafter referred to as the “Models”) strictly limited to the User’s personal needs. This right includes the right to adapt the Model concerned for personal use. The User undertakes not to communicate the Models downloaded or copied in this way to any third parties other than those directly concerned by the specific operation for which the User intends to use the Model. The User shall not remove, conceal or alter in any way whatsoever the “Photo-IP Model” credit appearing on the Model or its reproductions.

Any use other than those expressly mentioned in the present article is forbidden without the specific, prior and written authorization of the Publisher.

 

Subscription

Subscription entitles the Subscriber to access all Content (Studies, Models, etc.) available on the Site at the date of subscription, or which may subsequently be made available by the Publisher.

  • Subscription terms

In order to subscribe, the User must complete the entire subscription form available on the Subscribe page, and accept the GCU and the Privacy Policy.

The Subscriber declares and guarantees that the information communicated via the form is accurate, sincere and up-to-date. In the event of a change in his or her situation, the Subscriber undertakes to modify the parameters of his or her account accordingly.

The Subscriber must then create a password and access the “Login” page, from where, after verifying his or her login and password, he or she will be able to access Content reserved for Subscribers. Access to reserved Content may not be immediate due to technical considerations, temporary unavailability or verification.

  • Temporary free admission – Subscription duration

Subscription to the Site is free until September 1st, 2024. After this date, the Publisher reserves the right to offer Users paid subscriptions.

Subscriptions taken out up to September 1st, 2024 will terminate automatically and without formality on September 1st, 2024, except in the event that the Publisher decides to maintain free subscriptions for an additional period that it will freely determine. The Publisher will inform Subscribers via the Site at least one month prior to such termination.

  • Personal subscription – Login – Password

The identification e-mail address must be individual and nominative. The use of generic addresses, such as contact@photo-ip.fr, is prohibited.

Subscriptions are strictly personal to the Subscriber concerned. The Subscriber agrees not to communicate his/her login and password to a third party or to allow a third party, in any way whatsoever, to use his/her account or to access Content reserved for Subscribers.

The access code is strictly confidential and personal. Subscribers are entirely responsible for any use made of their account.

The Publisher must be informed immediately of any breach of security or confidentiality of an account or of any unauthorized use of an account.

The subscriber is hereby informed that the Publisher may carry out random checks of compliance with these confidentiality undertakings, in particular on the basis of IP addresses used to connect to the sites, and that the observation, for example, of connections using the Subscriber’s personal codes from an abnormally high number of IP addresses of different origin, or an abnormally high number of pages displayed from a single IP address, will be sufficient to demonstrate a breach by the Subscriber of his obligations and will justify the immediate suspension of the subscription.

  • Unilateral suspension or termination of subscription

In the event of breach by the User of any of its obligations, the Publisher reserves the right to suspend the User’s subscription immediately and without formality or formal notice. For the same reasons, it may immediately terminate the subscription by simple notification to the Subscriber by e-mail to the address communicated by the latter.

 

Legal question

Any User may, via the “Contact Us” form, ask the Editor a legal question. This question, which is analyzed by a lawyer and does not require any additional analysis of documents or specific facts, may be answered via a complementary Study or an addition to an existing Study, it being specified here that access to this Study is reserved for Subscribers. The non-subscribed User who has formulated the question will be informed of the availability of an answer via the Content reserved for Subscribers.

In the event that the question asked requires an in-depth analysis of the circumstances and documents specific to the context in which it is asked by the User, the Publisher will inform the User concerned that a specific answer, adapted to his/her case, can only be provided within the framework of a personalized paid consultation. If the User so wishes, an estimate can be provided.

In all cases, the Publisher will endeavor to reply to the User – including if the reply consists of informing the User that his question requires a personalized consultation – within an indicative period of one month from receipt of the question.

 

Site features – Availability

The functionalities of the Site differ according to whether or not the User is a subscriber. These functionalities may evolve at the discretion of the Publisher.

The Site is accessible via the Internet 24 hours a day, 7 days a week, except in cases of force majeure, events beyond the control of the Editor and/or the service host, possible breakdowns or maintenance operations necessary to ensure the proper functioning of the Site.

The Publisher reserves the right, at any time, to modify, suspend, interrupt or restrict all or part of the Site’s access or functionalities. The Publisher will endeavor to inform Users and Subscribers in advance by means of a notice on the Site or by any other means at its discretion.

The User declares that he/she is aware of and accepts the characteristics and limits of the transmission of information via the Internet, as well as the costs associated with connection to this network.

In particular, it is the user’s responsibility to ensure that the technical characteristics of the hardware and software they use enable them to access the Site in good conditions, and to take all appropriate measures to protect themselves from contamination by any malicious programs.

 

General obligations of the User

The User undertakes to :

  • Not to use the Site or the Content in violation of applicable regulations;
  • Not to use the Site or the Content in association with activities, links, data, documents or other items of an illicit nature or which may damage the image or reputation of the Publisher or the Site;
  • Not to use the Site or the Content for any purpose other than that for which it is made available;
  • To create, alone or in association with third parties, a database of information competing with the Site, based on all or part of the Content;
  • Not to circumvent, block or deactivate measures taken by the Publisher and its partners to restrict or prohibit access to and use of the Site and the Content for purposes other than those expressly authorized by the Publisher.

 

Limitation and exclusion of liability

Although the Publisher endeavors to provide reliable and up-to-date information, it cannot guarantee that such information is appropriate and relevant to the User’s needs and problems. The User uses the Content, in particular the Studies and Models, at his/her own risk.

The Publisher does not guarantee accessibility to the Site or to all its functionalities, which may be slowed down, suspended or interrupted for reasons beyond its control. The Publisher does not guarantee that the Site and the Content will be available without interruption or slowdowns, nor that they will be free of errors or of any security flaws due to piracy, intrusions, bugs or malicious software or processes.

The Publisher (including its associates and managers) and its partners may not under any circumstances be held liable for any damage whatsoever resulting from the use of the Site or its Content.

In any event, in the event of the Publisher’s liability being incurred, the total amount of damages and interest for which it may be held liable, for all prejudices combined, may not exceed the sum of 500 euros.

 

Model warnings

The Models of letters and deeds available on the Site may contain phrases or provisions that do not correspond to the use for which the User intends them or that are contrary to the User’s interests. Certain clauses or phrases that may be necessary for the User’s intended use may not appear in the Models.

Each Model must be adapted to the User’s specific situation, such adaptation being the sole responsibility of the User.

Prior to any use, the User must ensure that the Model he/she wishes to use corresponds to his/her needs and interests. Use of the Models is at the User’s own risk.

 

Miscellaneous

  • Modification of the GCU

These GCU may be modified at any time by the Publisher. The modified GCU are immediately applicable to all Users and Subscribers.

  • No waiver

The fact that the Publisher does not avail itself of a breach by a User or Subscriber of any provision of these GCU, whether temporary or permanent, shall not be construed as a waiver by the Publisher of its right to avail itself of said provision.

 

Applicable law – Jurisdiction

These GCU and, more generally, the relationship between the Publisher and the User are governed by French law.

In the event of a dispute, the courts within the jurisdiction of the Paris Court of Appeal shall have exclusive jurisdiction, even in the event of a warranty claim or multiple defendants.