1 PROPERTY OF CREATIONS:
1.1 Our creations, such as photographic and editorial work, remain our exclusive property, both physical and intellectual, and are protected by the provisions of the Intellectual Property Code.
1.2 In the event that we assign the right of reproduction, it is granted only for the number of copies and the destination specified when ordering. Our prior agreement is required for any future production and / or use. The client acquires no exclusivity with respect to the application of our intellectual property.
1.3 Reproduction or imitation, in any form or by any means whatsoever, is strictly prohibited and constitutes an infringement punishable by the penalties provided by the law of 11 March 1957 on copyright.
1.4 The tolerance that we accept, even tacitly and even for a prolonged period, that a specific use of our creations and / or our equipment, without any intervention on our part, does not mean that we cede our rights in any way. In other words, we can demand at any time that this use be immediately terminated and that all material be returned to us. In this regard, it suffices that we oppose by registered letter that the customer must respond within 24 hours.
1.5 It is expressly agreed that any breach by the customer, or by a third party having knowledge of the present contractual relationship with our client, to the foregoing provisions, under 1.1 to 1.5., Will irrevocably result in a due in damages, fixed at a fixed rate to 15.000 € minimum, subject for us to demonstrate if necessary a more serious prejudice.
1.6 Projects which are not followed up by the customer are subject to all the above provisions, 1.1 to 1.6.
1.7 The customer can not oppose the mention of our name on our creations and reproductions.
2 OBJECTS INVOLVED IN OUR CARE:
2.1 The objects to be photographed or any other material or object put at our disposal by the customer, are in our workshops at the risk and peril of the customer. In other words, we are not responsible for damage, loss or theft. In this respect, it is up to the customer to contract special insurance if necessary.
2.2 Objects intended to be photographed in our workshops must be delivered, unloaded and taken back by the customer. In case of not resumed within 10 working days after the date of the shooting, the refund is made by us at the expense and risk of the customer.
3 COMPLIANCE OF EXECUTION:
3.1 In the event that we are not responsible for the reproduction, the use of the material (such as files, typographic compositions, etc.) delivered by us, releases us from any responsibility. Our responsibility is limited to repair, redo or correct the equipment used or to use, that we have delivered. We will not accept any request for payment for these repairs, reductions or corrections if they have been executed by the customer or by third parties.
4.1 Deadlines: our deadlines are given as an indication. A delay in relation to the time provided can not give rise to refusal to accept delivery or to claim damages. This provision applies notably in the case of force majeure delaying or suspending the delivery of the goods, or due to the non-compliance by the client of the schedule provided for the delivery of the necessary materials and / or documents or to return the slip.
5.1 Our photographs are usually delivered in JPEG format at a resolution of 300 dpi. Their color correction is carried out on our materials calibrated to FOGRA 39 standards (offset printing sheet on coated paper). It is up to the customer to ensure the colorimetric rendering of the photographs with his service provider for their reproduction. Digitalice® Images can not be held responsible for a rendering of the photograph that does not suit the customer. On request, a FOGRA 39 standard can be delivered at a price to be agreed upon.
5.2 Claims: To be valid, any claim must be received in writing within 10 working days after the day of delivery. Other forms of claim (including return of the invoice, telephone complaints, refusal to take delivery, etc.) are not of any value.
6 ASSIGNMENT OF PHOTOGRAPHIC REPRODUCTION RIGHTS:
6.1 The assignment of reproduction rights is expressly subject to the provisions of the Intellectual Property Code.
6.2 The photographs made available by Digitalice® Images are his full property, the Customer can only acquire the right of reproduction and / or representation.
6.3 Copy rights for archiving or backup are limited to a single copy, whatever the medium (hard disk, CDRom, DVD, etc …), and for purposes of model only, to the exclusion of all others rights that remain the exclusive property of Digitalice® Images. The Customer will retain the copyright (Digitalice® Images), the identification number associated with the image, and any other information that may be included in the IPTC fields of the images. Upon expiry of the reproduction right, the Customer must remove and delete the files from its computer systems and other storage systems as soon as possible and ensure that its subcontractors do the same.
6.4 The contract of assignment of rights is evidenced by the invoice, which mentions the references of the photographs and the use for which they are intended (type of publication, name of the publication, reproduction format, print, geographical area of diffusion) in the as this information is known to Digitalice® Images.
6.5 Any reproduction and / or representation of any kind, not respecting the conditions of the authorization given according to the information provided by the customer in accordance with the provisions of article 6-4 above, is entitled to damages and interest, which can not be less than 5 times the right of a corresponding first single use, and constitutes an infringement.
6.6 Any reproduction and / or representation of any kind whatsoever, in the absence of the total payment or in the event of partial payment, is entitled to damages and constitutes an infringement.
6.7 The use of photographs for purposes other than those stipulated in the contract, in particular with captions unrelated to the subject of the photograph, or affecting the rights of the persons or property represented, is not permitted.
6.8 Lack of exclusivity: the assignment of reproduction and / or representation rights is not exclusive. Exclusivity can only result from a specific written agreement.
6.9 Signature: any reproduction, regardless of the form, importance or confidentiality of the use, must (with the express written consent of Digitalice® Images) be accompanied by the words "Digitalice® Images" as legible as possible. Failure to do so may result in additional billing of fees already collected.
6.10 Provision of supporting documents: the Customer undertakes to send to Digitalice® Images, free of charge, 2 copies of the document using the photographs within 2 weeks of publication.
6.11 Any new use of the photograph, whatever the medium, must be the subject of an application for authorization of use and the payment of the corresponding rights.
7.1 Our price offers are valid for one month, the date of the offer being authentic, and as long as the customer makes no changes to the elements used in the pricing. After 1 month, we are allowed to change the price. The prices agreed upon verbally commit us only if they have been followed by a written offer.
8 FINANCIAL TERMS:
8.1 Invoicing: Project costs (such as travel, writing tests, specific shots, etc.) may still be billed separately from execution even if they are only part of a global order. Partial deliveries are invoiced separately.
8.2 Payment: Unless otherwise stated, invoices are payable within 30 days of the date of issue. Any discounts, rebates or rebates are indicated on the invoice. The goods remain the sole property of Digitalice® Images until full payment of the invoice price. The customer is responsible for the proper storage and insurance of the goods delivered.
8.3 Late payment: If the customer defers the payment of one or more invoices without having obtained the written consent of Digitalice® Images, we are authorized, without formal notice, to postpone any other execution as long as the invoices remain unpaid. This is valid even if the contract for the work in progress has been established after the invoice becomes due. If, despite a formal notice by registered letter, the customer does not pay the unpaid bills within a week, we will be released from any other obligation. In addition, we will be justified in demanding the payment of a late penalty equal to three (3) the legal interest rate on the day of the invoice, this penalty being applicable the day after the settlement date specified on the invoice.
9.1 An exception to these conditions is valid only if it has been fixed in writing and accepted by us.
9.2 Jurisdiction clause: In the event of a dispute, whether we are sellers or buyers, the Lyon courts (69) alone will have jurisdiction, even in the event of a warranty claim or multiple defendants, and whatever the place of delivery and the method of payment accepted.