Preamble
The Marketplace is a service offered by DEUXY TECHNOLOGY, Headquarters: Lyon 06- , RCS lyon 900 822 842
CapturePlace.com (hereinafter the Agency), is a Marketplace allowing major buyers (hereinafter "the customer or the Buyer"), after registration, to enter, through it, in relation to sellers, individuals or professionals, also registered on the Site (hereinafter "Sellers"), for the purpose of buying "any document reproducing an image on an analog or digital medium".
In order to use the Service, the Buyer must agree to comply with these General Conditions of Use Purchasing (hereinafter the "Buyer's Terms of Use") without restriction or reservation. This acceptance is manifested by a validation click when it is registered on the Service.
Sales made through the Service between the Buyers and the Sellers are governed by the General Conditions of Sale of the Service, which must be accepted by the Buyer at the time of each purchase.
1. Under this contract, the concept of photography is defined as "any document reproducing an image in an analog or digital medium or any other medium depending on the development of the art".
Photographs shall be granted as "simplified managed rights"; the use of such images giving rise to the payment of exploitation rights.
2. Any user (hereinafter “the customer”), who has been in possession by high or low definition download of the photographs offered by the vendors of the marketplace "
CapturePlace.com (hereinafter also named the Agency), is deemed to have taken cognizance and have accepted these General Conditions of Sale (GTC) of our images.
3. 3. Any use made in violation of these GTCs is unlawful.
Any clause contrary to the present document contained in a customer's commercial document (including purchase order...) shall be deemed to be unwritten.
4. Photographs made available to the customer by marketplace vendors "
CapturePlace.com are the property of the author or his successors in title, the Customer acquires a right of exploitation for a fixed use and duration, appearing under the particular conditions.
Consequently, photographs may not be sold but only and exclusively for hire and ready for use.
5. Special conditions.
The prices indicated apply only for online purchases on the site (from the marketplace "
CapturePlace.com) by cash payment for any use, excluding the pay-TV network.
Tariffs are pre-tax (currently 20% VAT in France).
The rights shall be granted for a period of one year and for a single customer.
I. Formation of the contract: common provisions.
1.1. Download photographs for mock-up on the marketplace site "CapturePlace.com or sent by e-mail, FTP or any other means.
Any exploitation of the photos available on the marketplace "CapturePlace.com without assignment of prior right is prohibited, with the exception of a use for the purpose of making models or preparatory work, for strictly personal use.
The digital files used in this context must be destroyed after strictly personal use, and at the latest within a maximum of 30 days.
1.2. Information from the Agency.
Regardless of how the images are obtained, the Client undertakes to inform the Agency prior to any use of the photographs.
Failure to do so precludes any liability of the Agency for use of which it has not been informed.
Despite the care taken in the quality of our images, the user must carry out his own verification of the file before any use, the Agency disclaiming any responsibility in the event of a breach of this rule.
1.3. Mandatory information.
The signature of each image is a legal obligation, regardless of the form, importance or confidentiality of the use.
Consequently, the exact and complete statements of the name of the author, and the name of the agency indicated on the digital file, or for the silver photos, on the cache, the cover or on the back of each photograph, must appear legibly, on or next to each reproduction or representation.
1.4. No exclusivity.
The transfer of reproduction and/or representation rights shall never be granted on an exclusive basis.
Exclusivity may only result from a specific written agreement and shall entail the settlement of exclusive rights, which are distinct from the basic right.
1.5. Payment of rights: a resolutory condition.
The authorisation to exploit a photograph shall be granted under the express residual condition of the effective payment of the rights relating thereto.
Consequently, no exploitation of an image may be carried out without the payment of the corresponding rights.
Otherwise, the concession will be fully resolved and the reproduction, thus carried out, will constitute an infringement of the rights of the Agency and of the photographers.
1.6. Modification of the images.
Any change of any kind, in any form or by any technical procedure, shall be prohibited, unless the Agency gives prior written consent or if a reframing is offered on the site.
Without prior written consent, the Client undertakes at first request to justify the changes made. Failure to comply with this prohibition or authorisation entitles them to damages.
2. Contract performance: Licence d'exploitation.
2-1 photographs used in “simplified rights”
(a) Application for authorization to use photographs with concessional rights for the purpose of reproduction and/or representation
The customer must complete the identification form containing all the legal information enabling the contractor to be legally identified (legal form, capital, registered office, registration with the SCR, etc.), as well as the envisaged use: sector of activity, medium(s) used and place of dissemination.
(b) Acceptance of the application for authorization and assignment of reproduction and/or representation rights.
(1) Modalities of acceptance:
Authorisation is granted as soon as the conditions (see II 1a) are complied with. In return, the Agency shall send an invoice specifying the conditions for payment, and on the basis of the document chosen, the use and the context indicated, the amount of the duties the amount of the management costs, any added value, and possibly the corresponding obligations or restrictions.
The authorisation shall be expressly subject to the settlement of reproduction and/or representation rights within the time limit indicated on the invoice.
Any reproduction and/or representation of any kind, not complying with the conditions of the authorisation given on the basis of the information provided by the customer in accordance with the above provisions, shall be exclusive of any liability of the Agency, and where appropriate, shall give rise to the right to damages.
(2) Restriction of authorisation for reproduction and/or representation:
Restrictions
The Agency shall inform the Client, where appropriate, of restrictions on the use of photographs subject to the transfer of rights. Information on restrictions is necessarily subject to the transferee’s provision of all relevant information,
referred to in paragraph (a) above...
In the absence of the provision of the said information or in the event that they are inaccurate, the Client will be liable for any infringement of the rights of third parties, the Agency being unable to guarantee the right of reproduction if all or part of the conditions of use have not been – willingly or not, informed of the Client.
(c) Mandatory provision of supporting documentation:
At the request of the Agency, the client undertakes to provide, free of charge, complete and original documents in a minimum copy of each publication of the published or reproduced documents.
Reuse
Any new use of the photograph is permitted only for the customer for whom this image has been downloaded. For any new customer, whatever the medium, an application for authorisation to use and the payment of the related rights must be requested.
2-2 Photographs
The customer does not acquire any ownership rights in the image, but exclusively the right to use it under his sole responsibility.
(a) Copyright.
The authors assigned their exploitation rights (reproduction and public performance right) to the images sold for any “normally foreseeable” use outside the pay network display. Any exceptional use (in particular with regard to the context of publication, its scope, etc.) must be specifically authorised by the author. The user undertakes, at all times, to respect the moral right of the author. Ignorance of this provision entails the responsibility of the client both vis-à-vis the photographer and for the Agency.
(b) The rights of third parties.
The photographs are assigned without any guarantee as to the rights and obligations arising from the use of the photograph, in particular as regards the personal rights of natural persons, subject to photographs, (right to the image, privacy, possibly right to repentance or oblivion, etc.) and the intangible rights to which the movable or immovable property may be taken, or even the landscapes represented.
Accordingly, the images are used under the sole responsibility of the client, who must ensure that all necessary rights or agreements that may be required for reproduction have been obtained.
Where it exists, a copy of any model authorisation will be provided by the Agency at the request of the client. The provision of this authorisation does not constitute a guarantee from the Agency as to the validity of this authorisation.
3. 3. Termination of contract: destruction of files or Restitution of photographs after reproduction and/or representation
3.1 Digital files
Unless otherwise agreed, in writing at the request of the user, the user undertakes to destroy the digital files no later than 1 year after downloading.
4. Cancellation
(a) Images used in simplified managed rights.
The rights relating to an image shall be due as soon as it is downloaded in high definition or low resolution.
No cancellation is possible after the photographs have been downloaded.
5. Penal clauses
Any use of the photographs which disregards these general conditions, and without prejudice to any damages, shall give rise to the payment of a penalty clause representing five times the amount of the initial rights.
The omission of the credits of the photographs will give rise to the payment of a penalty clause representing twice the amount of the initial fees.
6. Clause conferring jurisdiction
The Agency and the Client expressly declare that the courts of the headquarters of the Agency are expressly assigned to the courts of the head office of the Agency.
Access to the Service by Buyers is restricted to strictly personal use. When using the Service, the Buyer declares that he is acting privately.
In addition to accepting these Buyer Terms of Use, access to the Service is subject to the opening of an account on the Site. To do this, you must provide the data enabling you to identify you. When opening this account, You undertake to provide only accurate information and then inform CapturePlace.com without delay of any changes affecting them, using the messaging tool made available to you as part of the Service.
To use the Service, You must use the ID and password created when opening your account. You undertake to keep them secret and not to divulge them to any third party. You will be solely responsible for accessing the Service with your username and password, unless you are fraudulently used.
In the event of loss, misuse or misuse of your username and/or password, You undertake to notify CapturePlace.com immediately.
The opening of an account and the use of the Service are free of charge (except for the connection, the price of which depends on your electronic communication operator), without any obligation to purchase on the Site. Only the purchase of Products from Sellers is subject to a charge, under the conditions laid down in the GTC.
For more information about your personal data, see the “Data protection” page.
10.1 - All texts, comments, books, illustrations, works and images reproduced or represented on the Site are strictly reserved under copyright and intellectual property, for the entire term of protection of these rights and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is permitted. Any reproduction, representation, modification or total or partial adaptation of the Site and/or of all or part of the elements on the Site or incorporated therein is strictly prohibited.
10.2 - Company names, marks and distinctive signs reproduced on the Site are protected under trade mark law. The reproduction or representation of all or part of one of the above signs is strictly prohibited and must be the subject of prior written authorization by the proprietor of the trade mark.
10.3 - Certain Products are subject to personal and specific rights of use regulating copies, public distributions, rentals, etc. You must comply with the contractual terms and conditions applicable to these Products and CapturePlace.com shall not be liable for any uses that may be made of these Products in this context.
In addition, in accordance with article 6-I, 2 and 3 of Act No. 2004-575 of 21 June 2004 for confidence in the digital economy, CapturePlace.com shall not be liable for the content made available on the Site by Buyers or Sellers, in particular with regard to the description of the Products or the assessments made by the Buyers of the Sellers, unless it does not promptly render them available on the Site by the Buyers.
The Buyer is solely responsible for his use of the Service, including his assessments on the Site, and undertakes to insure at first request to indemnify and compensate CapturePlace.com for any damage, loss, loss of profits, that CapturePlace.com may be subject to any liability of a third party as a result of an action related to this use of the Service by the A.
If one or more provisions of these Buyers'CGU are held to be invalid or declared as such under a law, regulation or final decision of a competent court, the other stipulations shall retain all their force and scope.