Term of use
These conditions define the mutual contractual commitments of the company Pêcheur Images, hereinafter referred to as "the Agency", and its customers.
The site "www.photo.pecheurdimages.com", owned by Pêcheur d’Images SARL, is open to ordinary visitors exclusively in consultation. To make downloads of images or text, the visitor must provide the information requested in the registration form and accept these terms and conditions. In return the Photo Library Plisson will provide a username and password strictly confidential and personal, which will allow the visitor to access the functionality of downloading, personal file management and order. The Agency is free to accept or refuse access to these functions.
2 - Sales of Rights
Any photographic production gives the photographer, its author, an artistic property right, -patrimonial and moral- as defined by the Code of Intellectual Property.
The Agency acts as the assignee of such rights of reproduction or representation, or as the owner of economic rights of the photographers.
Unless prior written consent of the Agency, the transfer of rights of reproduction or representation is non-exclusive. Any reprint or re-publishing, transfer to another media or another title, or a database, or to third parties is prohibited without permission of the Agency.
No photograph may be modified in any way at all, without prior agreement of the Agency.
3 - Execution of the contract – Licensing
a) Request for permission to use for Reproduction and/or display photographs or videos with sales of rights. The client must send to the Agency a request for permission to reproduction and/or representation regarding the photographs or videos downloaded or assigned he has selected and chosen. This request must include all the official possibility to legally identify the Counterparty (legal form, capital, registered office, registration at RCS), and all relevant information about the extent and context of the envisaged use:
- Extent of the use: type and size of the media, format of the use printing, date of each Publication or representation, duration, geographical location or place of distribution, and if applicable, form of interpretation.
- Context of the use: name of the final user, place of diffusion, if relevant, name of each media, name and type of product, service or subject to be treated, captions or accompanying texts and other useful information concerning the technological reproduction methods allowing the Agency to appreciate the range of the requested authorization.
b) Acceptance of application for authorization and transfer of rights of reproducing and/or representation.
Terms of acceptance: receiving the request for authorization, the Agency will send back an estimate and/or invoice stating the payment conditions, and depending on the selected document, use and context specified, the fees, the amount of management fees, any capital gain, and eventually the obligations or restrictions.
The operating license is expressly subject to the regulation of the rights of reproduction and / or representation within the time specified on the invoice.
Any reproduction or representation of any kind, not respecting the conditions of authorization based on information supplied by the customer's won’t be responsibility of the Agency, and if necessary, creates a right to damages and interests.
c) Documents Supplies
In exchange of the assignment, the assignee of the rights is committed to provide a complete and original paper copy at least, or an electronic version of each Publication of photographs or videos published or reproduced, which must be sent to the agency within 15 days after publication.
In case of cancellation by the client of the application for permission to reproduce and/or display photographs or videos after the issue of the invoice, the Customer shall be liable for a fixed amount calculated as follows:
- If the cancellation occurs within 30 days of the invoice issue: 10% net amount of invoice
- If the cancellation occurs between the 30th day and up to 60 days of issue of the invoice: 50% net amount of invoice
- If the cancellation occurs after the 60th day: 100% of the invoice amount.
4 – Signature and Imprint
Under the provisions of articles L 121-1 and following of the Code of Intellectual Property, any reproduction and/or representations must include a statement specifying the name of the photographer. If omitted, copyrights, corresponding to the reference scale in France or to the sale price indicated by the Agency, will be automatically doubled, without the client's opposition. The customer would also be the only one responsible for the violation of law in the name of the photographer.
5 - Customer Liability
Unless otherwise noted, the Agency does not provide authorization for publication from the person figuring on the photographs. The customer is solely responsible towards these persons to obtain their permission to use and acquire any rights. The customer is also exclusively responsible for legends or comments accompanying the publication of photographs. The Agency won’t be responsible in this mater.
Regarding the photographs of pieces of art not fallen into the public domain (paintings, sculpture, architecture), the customer will be the only responsible for requesting prior authorization for any use, to the author of artworks represented or to his rights holders. The Agency won’t be responsible in this mater.
6 - Invoicing and terms of payment
The publisher agrees to submit to the Agency any proof of publication from which the Agency will establish an invoice of rights of reproducing and/or representation on a nonexclusive basis according to the scale on the day of dispatch of the publication.
An invoice will be sent to you:
- after use of the images and receipt of proof of publication, for the press and publishing
- after the final agreement for advertising.
The payment of a deposit may be required for services of an exceptional nature.
Release of liability
In no case the Agency or a third party involved in creating this website are responsible, nor can they be liable to any user or other party, for direct or indirect damage, special, specific or incidental, resulting from use of this site, or another website connected by an hyperlink, including loss of profits, business interruption, loss of programs or other data management system information of the user or another, even if the Agency is expressly informed that such damages are possible.
The personal information collected through this contract is for the Agency which, by express agreement, is allowed to store it in computer memory and use it for management purposes.
The rights of access or correction may be exercised to the Agency.
This contract shall be interpreted under French law applicable to contracts made and performed in France. In case of dispute or failure to perform of this contract, the parties will appeal to the relevant courts.
Choice of residence
For the enforcement hereof, the parties elect residence at their headquarters.