Terms and Conditions

1. Definition of terms

1.1. “Photo12” is a limited liability company with a capital of 358,740 €, registered in Paris under the trade registry number RCS Paris B 432 884 476, and headquartered at Tour Maine-Montparnasse, 33 avenue du Maine, 75015 Paris, France. Photo12 manages collections of photographs for distribution and commercialization in digital formats.

1.2. “Content” refers to any photographic still provided by Photo12 to the Client, intended for use as defi ned by these Terms and Conditions.

1.3. “Client” refers to any legal entity, company or business, or any physical person, acting in a professional capacity.

1.4. “Metadata” refers to data embedded or linked to the Content, providing information about it.

1.5. “Invoice” refers to the document (digital, printed, or otherwise) issued by Photo12, specifying the details of transactions under these Terms and Conditions.

1.6. “Usage” refers to the conditions under which the Client may use the Content.

1.7. “Price” refers to the transfer of rights granted by Photo12

1.8. “Restrictions” refers to the limitations communicated to the Client regarding the use of Content (eg: territorial restrictions)

1.9. “License” refers to the permission granted by Photo12 for the Client to use its Content under specifi c conditions.

2. Use of Content

2.1. The Content supplied by Photo12 remain the sole property of Photo12, its Content providers or the Copyright holders. It is expressly understood that the license to reproduce the Content granted herein is a limited grant of rights and does not affect the ownership of the Content by Photo12 or its Content providers. Consequently, the License granted by Photo12 only grant the Client a right of use and in no case a right of ownership.

2.2. Photo12 shall provide the Client the Content with its associated Metadata (and the mandatory photographic credit line). ”). The Client agrees to mention the credit line in the form “Photo12/Name of photographer-collection” or any other form that may be mentioned on Photo12’s website and/or on the Invoice sent to the Client.

2.3. The authorization to use the Content applies exclusively to the Content identifi ed on the Invoice and within the limits stipulated in these Terms and Conditions.No use may be made by the Client other than that for which the license has been granted by Photo12.The rights granted by Photo12 to the Client are non-exclusive and non-transferable unless otherwise stipulated on the Invoice.It is furthermore understood that such limited grant of rights is to the exclusion of any reprinting, other reproduction, distribution, re-transmission, or other exploitation of Content in any way other than as herein specifi ed, including, but not limited to, any similarly revised, derivative, partial or new publication as well as with respect to any translation, or other medium of transmission or re-transmission.

2.4. The Client agrees to neither modify nor use the Content in a manner which alters it, not to participate in any defamation action, nor more generally to use all or any portion of the Content in any manner which may be harmful to its author or to any third parties.The Client will hold Photo12 harmless from all claims for the use of the Content, including defamatory use. Photo12 gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Content.

2.5. It is the Client’s obligation to be sure that all necessary third rights, consents or permissions, as may be required for reproduction, are secured.

2.6. Film stills can only be reproduced in conjunction with the promotion of said fi lm, for an editorial usage only.

2.7. Content in low resolution which may be downloaded free of charge is to be used solely for private, non-commercial home use or within the context of a mock-up for internal business presentations.Rates and rights must be negotiated before use.

2.8. If Photo12 grants the Client a License to use the Content on a website, the Client must prohibit and ensure the impossibility for an unauthorized third party to download, republish, reproduce or represent the fi le in which the Content is incorporated.

3. Type of Content

3.1. No model releases or other releases exist on any Content unless clearly specifi ed in the caption on the website, or expressly stipulated in writing by Photo12. The client shall indemnify Photo12 against all claims arising out of the use of Content where the existence of such release has not been specifi ed. In any event, the limit of liability of Photo12 shall be the sum paid to it per the invoice for the use of the particular Content involved.

4. Invoicing and Payment

4.1. Permission to reproduce is conditional and contingent upon payment of the fee and the permission shall not commence until payment has been made by the client. Any reproduction before payment of the invoice or outside the terms of any License constitutes an infringement of copyright and a breach of this Agreement entitling Photo12 to rescind and claim damages.

4.2. The Client explicitly agrees to receive invoices from Photo12 by email. The Client undertakes to notify Photo12 without delay of any change in its billing address or any other element useful or necessary for proper billing and notifi cation.

5. Publication

5.1. The Client agrees to send proof of publication to Photo12 upon publication of the Content. By way of example, the Client may submit a copy (paper or digital) of the book, newspaper or magazine, or a clearly recognizable and identifi able copy including such Content. No payment shall be made by Photo12 to the Client for such proof of publication (including associated shipping costs). In addition, no reimbursement shall be made by Photo12 for non-use of downloaded Content in the event the original payment was made by credit card on Photo12’s website (http://www.photo12.com).

6. Order cancellation

6.1. If the Client send a written request to cancel an order within thirty (30) days of the Invoice date for Content that has not yet been used by the Client, Photo12 will issue a credit note. No credit note will be issued for any cancellation request received more than thirty (30) days after the date of the invoice.

7. Digital Media storage

7.1. The Client is authorized to store one (1) copy of the Content, in high resolution, sent by Photo12 only with the aim of publishing it within the terms of the License granted by Photo12. It is the Client’s responsibility to take all reasonable steps to ensure that this copy is not compromised and is not accessible to any third party. After use, the high-resolution fi le must be destroyed. Failure to do so will constitutes a breach of the Terms and Conditions and Photo12 reserves the right to take legal action against the Client.

PHOTO12

14 rue des Jardins Saint-Paul
75004 Paris, France
T +33 156 801 440
contact@photo12.com