GENERAL TERMS AND CONDITIONS OF ASSIGNMENT AND OF ACCESS TO THE GODONG-photo.com website
The grant by GODONG agency of a password and
access code to the GODONG-photo.com website, and/or the placing of
an order on this site entails full and unrestricted adherence by the
client (hereinafter referred to as “you”) to these general
terms and conditions. In case of non-compliance by you with any one
of these general terms and conditions your sole and exclusive liability
shall be incurred, without prejudice to any damages that GODONG agency
may claim against you.
The password and access code for the GODONG-photo.com website are
granted to you personally by GODONG agency and may not be assigned,
transferred or used by any third party.
The pictures and/or texts presented on GODONG agency’s site
are not royalty-free. They are the exclusive property of the photographers
and authors represented by GODONG agency. GODONG agency reserves the
right to change these general terms and conditions of assignment from
time to time at its sole discretion, and your use of the site will
be subject to the most current version on the site at the time of your
use.
The communication and the use of these pictures are governed by the
provisions of French law on literary and artistic property rights as
well as by the applicable code of practices in the field of photographic
illustration.
Unless with the prior written consent of GODONG agency, an assignment
of a picture and/or a text by GODONG agency to you shall only be valid
for a single, clearly identifiable publication, regardless of the medium
involved. Any re-edition or re-publication, transfer to another medium
or another title, transfer to a database or to a third party is expressly
prohibited unless with the prior written authorisation of GODONG agency.
Any use or reproduction, even if partial, of GODONG pictures and/or
text is expressly prohibited unless with the prior written authorisation
of GODONG agency.
Any reproduction and/or use whatsoever of GODONG pictures and/or text
previously assigned to you is required to be accompanied by a "signature" clearly
indicating the name of the photographer and of the agency. In case
of omission of this notice, the rights of reproduction and/or use corresponding
to the price of the assignment indicated by GODONG agency shall automatically
be doubled, without you having any right to contest this increase.
You may not re-frame, modify any picture in any way or modify any
caption on a picture or carry out any substantial modification to any
text without GODONG agency’s prior written authorisation. Failing
such written authorisation, all modifications shall be binding upon
you, and you accept full responsibility for all texts and captions
produced by your editorial staff and agree to assume sole liability
for any legal proceedings brought on this basis.
You agree to use all GODONG agency pictures and/or texts in compliance
with the applicable law. In particular, you agree that such use shall
only take place in a context and/or with a caption that does not include
any terms likely to be found by the courts to be damaging to any recognisable
person. In case of non-compliance by you with this requirement, you
shall assume all legal consequences in connection therewith.
You agree to communicate to GODONG agency supporting documents for
all publications on the basis of which GODONG agency shall prepare
an invoice for non-exclusive reproduction and/or use rights according
to the schedule of rates applicable on the date of sending of the publication.
These general terms and conditions of assignment are governed by and
shall be construed in accordance with applicable French laws. In case
of any dispute arising out of or in connection with these general terms
and conditions or in case of breach or non-performance of any of the
terms hereof, the parties agree to submit to the exclusive jurisdiction
of the competent courts of Paris.
Trademark Notices. Orphea Web Server and Orphea Studio
are registered trademarks of Algoba Systems. All other trademarks, logos,
service marks, company or product names set forth in this Website are
the property of their respective owners. © Algoba Systems 2006.
All rights reserved.
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