Terms and Conditions
www.photo12.com
SA au capital de 358 740 Euros
Head office : Tour Maine-Montparnasse
33, avenue du Maine - BP 34
75 755 Paris cedex 15 - FRANCE
RCS Paris B 432 884 476
Main offices: 14 rue des Jardins Saint-Paul, 75004 Paris
General terms and conditions
Welcome to the Photo12 website (the "Site"). The following General Terms and Conditions must be followed in the use of the Site. Any use of the Site indicates your acceptance of these General Terms and Conditions. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PHOTOS12.
Ownership of the Site and Content
This Site is owned and operated by Photos 12 SA ("Photos12"). All content included on our Site including, but not limited to, illustrations, images, and photographs (collectively, the "Content") is owned by Photos12 or its Content providers or the Copyright holders. It is specifically understood that the license for you to reproduce the Content as herein provided constitutes a limited grant of rights and shall not affect the ownership of the Content by Photos12 or its Content providers. Photos12 reserves all copyright and other intellectual property rights to the Content, and no such rights shall be deemed granted to you, except as herein provided. All Content is protected by international copyright laws. For the protection of Photos12 and our Content providers, the Content may be watermarked or otherwise marked with identifying indicators.
Use of the Content
The low-definition Content 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 company presentations.
Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer.
Content which is downloaded for a fee paid by credit card on the website may only be included on a one-time basis in a book, newspaper or magazine publication. The Content may not be included in any other publication or product; in connection with any corporate communication or publication; on any other Web site, including personal Web sites; or on any computer network.It is specifically understood that the use of Content in association with any publicity, advertising, promotional or other commercial use except as herein provided is strictly prohibited. Film stills can only be reproduced by publications in conjunction with the promotion of said film, editorial use only. 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 specified, 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.
Any other use of the Content other than herein specifically permitted requires the express prior written approval of Photos12. It is furthermore agreed that any defamatory or otherwise unlawful use of the Content is strictly prohibited.
In addition, you agree neither to 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.
It is specifically agreed that you must abide by all other terms, conditions, and restrictions contained in any other agreement with respect to the Content as indicated in the captions associated with the Content throughout the Site. In addition, as indicated in such captions (which also includes the relevant contact information), individual Content may contain further restrictions on use for which you may be required to obtain separate approval from an artist's agent, estate or other third party, including but not limited to ADAGP or Administration Picasso. Such third parties may also require you to pay an additional fee for use of such Content. It is furthermore specifically agreed that with respect to photographs from any film collection contained on the Site, such photographs may be used only within the context of a particular film (i.e. to illustrate the particular film at issue) or to illustrate the career of a particular actor or director.
In the event of any violation of the foregoing covenants, including, but not limited to, your not obtaining the necessary authorization from any applicable third party, you shall be fully liable for any loss, cost, damage or expense arising by reason of any such violation.
You furthermore agree that the copyright notice and any other required notice indicated by Photos12 (as set forth in the caption associated with the specific Content) shall appear in full alongside the Content. You hereby agree that in the event of a failure to comply with the foregoing notice requirement, or in the event of an erroneous credit, you shall agree to pay damages equal to 100% of the purchase price of the Content, which damages are payable promptly upon receipt of a bill therefor from Photos12. It is furthermore agreed that such payment shall in no way serve as a settlement or release with respect to claims by third parties, including, but not limited to, Content providers.
In addition, you agree to indemnify, defend and hold Photos12 and its Content providers harmless from and against any and all loss, cost, damage or expense, including, without limitation, attorneys' fees and expenses resulting from usage of the Content which is in violation of these terms and/or in breach of any laws and/or legislation applicable in any country throughout the world.
You agree to send proof of publication to Photos12 upon publication of the Content. By way of example, you may submit a copy of the book, newspaper or magazine, or a clearly recognizable and identifiable photocopy of the specific, applicable page including such Content. No payment shall be made by Photos12 to you for such proof of publication (including associated shipping costs). In addition, no reimbursement shall be made by Photos12 for non-use of downloaded Content in the event the original payment was made by credit card; original payment that was made using the customer code as designated on the site shall be reimbursed in the event of such non-use of Content.
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 also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any image supplied to you.
MODEL RELEASES
No model releases or other releases exist on any Images unless clearly specified in the caption on the website. Details of the model release can be sent in writing. You shall indemnify Photos12 against all claims arising out of the use of any Images where the existence of such release has not been specified in writing. In any event, the limit of liability of Photos12 shall be the sum paid to it per the invoice for the use of the particular Image involved. You will hold Photos12 harmless from all claims for the use of the Images, including defamatory use. Photos12 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 Image, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED. If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.
You hereby agree to destroy the file containing the Content after use and not to transmit such file to a third party, whether free of charge or for payment. It is specifically agreed that you are fully liable for any use and its consequences if a file containing the Content is transmitted to a third party. In the event of illicit use by a third party, Photos12 reserves the right to hold such third party liable.
You are solely responsible for maintaining the confidentiality of your password and username as designated during the registration process, and you are fully responsible for all activities that occur under your password and username. You agree immediately to notify Photos12 of any unauthorized use of your password and/or username or any other breach of security.
Disclaimers
The Site and its Content are provided to you on an "as is" basis, and we make no representations or warranties of any kind, either express or implied, with respect thereto other than as specifically set forth herein.
Although we use reasonable efforts to ensure and verify the accuracy of the Content on our Site, we make no representations or warranties as to the accuracy, correctness or reliability of the Content or any associated text, credits or copyright notices. In addition, we make no representations or warranties that the functional aspects of our Site will be uninterrupted or error-free or that our Site or the server that makes it available are free of viruses or other harmful components. You shall furthermore remain solely responsible for the manner in which a search is conducted on the Site, the results of your search, and the use of the results of such search. You hereby acknowledge that your use of our Site is at your own risk. In the event of an erroneous text, credit or notice within the Site, Photos12's liability is expressly limited to the sum paid by you for the Content in question. Photos12 reserves the right to modify the Content and organization of the Site at any time.
Limitation of Liability
It is specifically agreed that neither Photos12 nor our Content providers, directors, officers, employees, partners, licensors, or agents will be responsible or liable to you or any party acting by or through you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use of the Content on our Site.
Additional Terms
You are bound by this agreement whether or not you downloaded or copied the Content under the terms of this agreement.
These General Terms and Conditions may be updated from time to time without notice to you. You can review the most current version at any time on the Site.
This agreement is governed by and subject to the laws of France. Any and all claims and/or litigation with regard to the interpretation or execution of these General Terms and Conditions hereby fall under the exclusive jurisdiction of the Courts of Paris, notwithstanding multiple defendants, the introduction of third parties, or emergency or conservatory proceedings.
