1. CONTRACT / DEFINITIONS. These general terms (hereafter the “General Terms”) constitute a contract between you (hereafter “you” or the “Customer”) and the company Option Photo (hereafter “Option Photo”). These General Terms cancel and replace all general terms of the Customer (including general terms of purchase).
These General Terms apply to the use of this website of Option Photo (hereafter the “Site”) and to the sale and use of the photographic documents contained in and presented or offered for sale on the Site (hereafter the “Photographs”).
“Sale” within the meaning of these General Terms means the nonexclusive license of rights on the Photographs, as further defined in article 5 below.
2. COPYRIGHT / PROPERTY. All Photographs contained in the Site are protected by copyright (rights managed). Option Photo does not distribute public domain images.
The Photographs are the property of their respective authors or of their assignees; the Customer can only acquire the limited exploitation rights defined in article 5 below.
This Site is also protected by copyright and is the property of its creators. Its content cannot be copied, published, downloaded, posted, distributed or transmitted in any manner.
3. DOWLOADING / USER ACCOUNT. The downloading of the Photographs is restricted to the persons holding a valid user account.
Option Photo reserves the right not to grant a user account to any person which does not offer sufficient guarantees, relating in particular to the regular exercise of the profession concerned.
In the same way, the possibility to download Photographs will be refused to any person who posts erroneous information in the registration form.
The user account can be suspended without delay by Photo Option in the event of a delay of payment or of litigation, or in the event of any breach by the Customer of any of his obligations hereunder.
4. SALE. The presentation of the Photographs for downloading constitutes an offer for a license of the exploitations rights on these Photographs, as further defined in article 5 hereafter.
The act of downloading the Photographs does not involve an undertaking on your side to use or publish them. However, any further act of use, when covered by the applicable tariff, carries the automatic entering into of a licence agreement carrying an undertaking by the Customer to pay the applicable tariff, in consideration of a licence of the corresponding rights by Option Photo, under the terms hereof. Customers who are not in possession of the applicable annual tariff must ask and obtain from Option Photo communication of this tariff before any use or re-use of the Photographs.
5. RIGHTS GRANTED. The rights granted on each Photograph are defined in the applicable tariff, and are specified on the tariff communicated to the Customer or applicable at the date of exploitation, as the case may be.
Any exploitation not mentioned in the tariff is prohibited and the rights concerned have to be negotiated on a case-by-case basis, prior to any exploitation.
The rights granted are nonexclusive.
They cover the publication of the Photographs concerned, without modification other than the modifications of format necessary for their impression and/or their publication.
If they are exploited on digital media accessible to the public, the Photographs shall not be accessible in high-definition format.
6. TARIFF. The applicable tariff is established for each calendar year.
Customers who are not in possession of the applicable annual tariff must ask and obtain from Option Photo communication of this tariff prior to any use or re-use of the Photographs.
7. DOCUMENTS EVIDENCING PUBLICATION / PAYMENTS. Within 30 calendar days following the publication of the downloaded Photographs, Customer will communicate to Option Photo original copies of the publication documents. In the case of an electronic publication, Customer shall provide the address of the website, the link and/or a screen capture evidencing the publication.
Option Photo will then send to Customer an invoice established on the basis of the applicable tariff, corresponding to the exploitation carried out. The Customer shall pay this invoice within 30 days of reception.
Any delay of payment carries the application of a penalty for late payment equal to the legal interest rate plus 3 points.
8. PHOTOGRAPHIC CREDIT. Each publication on any media whatsoever must carry a photographic credit with a mention of the name of the photographer (as indicated on the Site) followed by a credit to Option Photo.
This credit will be positioned on one side of the image, on the page of publication or on a location dedicated to all photographic credits.
9. RIGHTS OF MODELS. The use of Photographs to illustrate articles or other publications which, by their title or their content, prejudice to the honour or reputation of the photographed models or otherwise damage their rights, is prohibited. In case of doubt, Customer must inform Photo Option in writing of the contemplated use and await for the authorization of Option Photo before carrying out the publication.
10. DESTRUCTION OF THE FILES. The digital files delivered by Option Photo to Customer must be destroyed by the latter immediately after publication.
11. LIABILITY. The Customer is liable for any use of the downloaded digital high-definition files made beyond the rights and authorizations granted by Photo Option.
12. LITIGATION / APPLICABLE LAW. In the event of litigation, exclusive jurisdiction is granted to the courts of Paris, France. By exception, Option Photo will have the right to elect as jurisdiction the jurisdictions of the residence of the Customer. The law applicable to these General Terms is French Law.
“Protection of personal data”
We inform you that pursuant to the Data protection Law of January 6th, 1978, the requested personal data transmitted at the time of a registration are necessary for the treatment of your orders. These data will not be marketed, sold or otherwise transferred to third parties. Under the terms of this Law, you have the right to access, modify, correct and remove these personal data. In order to exercise this right, pleas contact us by e-mail at the following address: info@optionphoto.fr
This site can propose hyperlinks to other sites. These sites may also collect personal or non personal data. The use of these sites and the collection of the personal data on these sites are subject to the applicable conditions of use.
We will make our best efforts to implement any reasonable technical measure to prevent any loss of data during the collection and the storage of the data you transmitted to us.
We may collect IP addresses of the users in order to maintain our own IT system and to analyze the use of this site. We do not attach any IP address to personal information, which means that the access to the pages of this site can be recorded but that you remain perfectly anonymous.
For any question relating to out personal data policy, please contact us by email at the following address: info@optionphoto.fr.”