Usage Licence Agreement – Hemis

Clause 1: SCOPE

The general terms of use of the images herein described govern the contractual relations between any user of Hemis.fr website (hereafter “the Customer”) and HEMIS SARL company, with a share capital of € 74 000 and its registered office in 57 rue Alexandre Dumas 75011 Paris - France and registered in the Paris Trade and Companies Register under n. 479 760 381 (hereafter “HEMIS”). The General Terms hereunder described apply to the download of all photographic works completed on “Hemis.fr” site.

The photographic works featured on “Hemis.fr” site are conceded according to two modalities:

1) “Rights Managed” (RM): Payment of a licensing fee proportional to the use of the image.
2) “Royalty-Free” (RF): Payment of a fixed contractual fee independent of the use of the image.

We remind you that the images put at your disposal on “Hemis.fr” site are the exclusive property of their authors or their “right holders”, The Customer acquires the rights of use only after total payment of the corresponding invoices.

Any access to or use of “Hemis.fr” site implies the acceptance, without reservation, of the present General Terms of Use.

HEMIS company may have to modify certain provisions of the General Terms of Use so it is essential that you read them again every time you access the site and before every download from the site. These modifications are binding as soon as they are released on Hemis.fr site.

Clause 2: COMMITMENT AND USE OF HEMIS.FR SITE

“Hemis.fr” site is accessible 24 hours a day and 7 days a week. However, HEMIS company cannot be responsible for site access problems of any kind (problems regarding Internet network use, service interruption, maintenance, external intrusion, the presence of computer viruses, etc.).

“Hemis.fr” site works necessarily with a recognized web browser (i.e. Safari, Firefox, Explorer...). Its use requires a working Internet access. Hemis and its web developer (Propixo) cannot be responsible for the dysfunctions that may appear and cannot in any case guarantee the website use on all web browsers.

By using the site, you warrant that you are over the age of 18 and are lawfully able to understand, accept, contract and respect these General Terms of Use.

If you are using the site on behalf of a legal person, you further warrant that you are authorized to accept these General Terms of Use on such entity's behalf.

In order to be able to have access to all the features of the site and to download on the site you must create a “User” account. You must provide accurate and complete personal information such as your name, your address and the information relating to invoicing.

The information collected is subject to computerized processing necessary for your order. For more information, we ask you to refer to the Data Protection and Freedom Charter featured on the legal notices.

By providing this information you are committed to guarantee the veracity and the accuracy of such information and to make sure that it is up to date, correct and complete.

You agree not to place orders or to download from the site with the aim of reselling to the public and/or trading them.

HEMIS Company has the right to suspend at any time site access to a User without having to justify itself.

Clause 3: CUSTOMERS OBLIGATIONS

3.1 You are responsible for the privacy of both your User account and your password as well as for the restricting accesses to your computer. All the activities undertaken from your account or with your password are considered as carried out by your care. Thus, you are further responsible for the use of your account and/or your password by your employees to whom you have communicated such information in the performance of their duties.

You must take all the necessary measures to ensure that your password remains confidential and secure, and must inform HEMIS immediately if you fear that your password is known, used or likely to be used by someone else without your authorization (by sending e-mail at hemis@hemis.fr).

3.2 You have the obligation to provide to HEMIS company, within 8 days following the publication, an original receipt of publication on a print or PDF format for any use of the downloaded images.

3.3 Any User agrees to provide to HEMIS company, within 72 hours, the use of the downloaded images, if the company requires them.

3.4 Images are used under the sole responsibility of the Customer. You thus have the obligation, with regard to the property right “Property Release” or the image right “Model Release”, to ensure, by all means, that you truly have all the rights or agreements necessary for the use of the downloaded photographic works. If an authorization of the model or the represented property exists, it is mentioned in the image. However, this mention does not guarantee you a total use of the image. It informs you of a partial protection for an editorial informational purpose. You must thus obtain a written authorization for any commercial use of the images (advertising, displays,…) and in particular for books when the people, goods or monuments reproduced on the photograph are recognizable or identifiable. In some cases, the authorizations of the architects or the CMN “National Monuments Centre” may be necessary.

3.5 You agree to use the images in accordance with the current law. Consequently, it is forbidden to use the images in magazines or books of pornographic matter, of incitement to violence or hatred in all its forms (racial, religious, sexual, etc.).

3.6 The caption is an element of the image necessary in order to respect the original meaning of the photograph used. The name of the Author and the Agency (/hemis.fr) must appear beside the photograph or in a dedicated space at the beginning or the end of the work. Any modification of the image (reframing, cropping,…) requires the prior written consent of HEMIS company. The non-observance of this obligation could be sanctioned by damages.

 

 

Clause 4: PRICES

If the prices are indicated, they are in euros including all taxes (current French VAT at the time of the download). Payments are made in euros. If the payment is made in other currencies, those will be converted into euros with the current exchange rate at the time of the download.

The “Royalty-Free” images are invoiced to the customers with the prices including all taxes that are featured beside the image the day of the download.

The transfer of license of photographic works use in “Rights Managed” is invoiced at the date of the publication. We remind the customer that he/she has to provide to HEMIS company a receipt of publication on paper or PDF format for any use of images.

HEMIS Company has the right to modify its prices at any time.

Clause 5: PAYMNT METHODS - PAYMENT TERMS - RETENTION OF TITLE

5.1 The invoices payment can be made by Paypal, by check or bank transfer within the expiry date mentioned on the invoice issued by HEMIS company. In case of bank transfer, all the bank charges relating to the transfer, in particular with regard to international transfers, are the responsibility of the customer who agrees to this and not the responsibility of HEMIS company.

5.2 The payment terms are the ones featured on the invoice issued by HEMIS company. Any delay of payment will involve late penalties, at the statutory rate in effect. These penalties are payable the day following the expiry date featured on the invoice without the need of a reminder from HEMIS company. To these penalties, an allowance of 40 euros is added in accordance with article L 441-3 of the Commercial Code. Beyond 8 days of late payment the amount here above indicated will be increased by 50 euros of management fees per invoice.

In the absence of payment, even besides any legal procedure, HEMIS company can ask to cease the publication and its destruction, after a formal notice sent by registered letter with return receipt, that remains unfruitful within 3 calendar days from the formal notice reception.

HEMIS Company will do whatever it takes, including legal proceedings, to obtain the payment of the sums due, increased by late penalties and other fees.

HEMIS Company has the right to deny, at any time, the download to a user who has not paid totally or partially an invoice or with whom there is an ongoing payment dispute or a user who has refused to provide to HEMIS company the list of its downloads or has not have provided the receipt(s) of publication as he/she has the obligation to.

5.3 Retention of title: The downloaded photographic works remain the property of HEMIS company until the complete payment of the invoice. The rights of use are acquired by the Customer only once the invoice payment is complete. Consequently, no use of such works can be made without the total payment of the corresponding fees.

Clause 6: PENALTY CLAUSE

Any use of photographs, which ignores the present General Terms, will cause the payment of a sum representing five times the amount of the initial fee without prejudice to possible damages.

The omission of the photo credits will cause the payment of a sum representing twice the amount of the initial fee.

Clause 7: INTELLECTUAL PROPERTY RIGHTS

The Customer does not have any intellectual property right on the photographs. He only acquires the right to use them under his/her own responsibility.

Except prior written consent with HEMIS company and/or the author, any reproduction, any public exhibition and more generally any exploitation of the work in any circumstance, even in the absence of profit purposes, are strictly forbidden and will be prosecuted as part of counterfeit acts.

Clause 8: USE OF COOKIES

The Customer recognizes being informed of the use of cookies for the needs of “Hemis.fr” site navigation, the personalization and optimization of services on the site.

By continuing his/her navigation, the Customer implicitly accepts the use of cookies which are textual files put on your browser by the site or the application that you use. The cookies allow the site to collect information relating to your navigation and to personalize the offer of its services.

The Customer can set his/her browser to accept or refuse the cookies or so that the browser informs him/her when cookies are installed. The Customer must thus consult the help section of his/her browser to learn how to modify his preferences regarding the cookies.

The attention of the customer is drawn to the fact that by rejecting all the cookies he/she may not reach all the features and/or sections of the site. Hemis.fr accepts no responsibility in this regard.

Clause 9: FORCE MAJEURE

The responsibility of HEMIS company cannot be questioned if the non-fulfillment or the delay in the execution of one of its obligations described in theses General Terms of Use derives from a case of force majeure.

In this regard, the force majeure means any external, unforeseeable and irresistible event in accordance with article 1148 of the Civil code.

Clause 10: APPLICABLE LAW - DISPUTES SETTLEMENT

Any dispute relating to the interpretation and the fulfillment of these General Terms of Use is subject to French law.

In the event that a dispute should arise from this contractual relationship, the parties agree before any legal action to seek an amicable solution.

In the absence of amicable settlement, the dispute will be brought before the competent courts of Paris.

Clause: 11 RESPONSIBILITY - APPEAL

HEMIS Company has the right to act in responsibility against any offender of these General Terms of Use.

The photographs and illustrations featured on the site do not have a contractual value so HEMIS company may not be rendered liable for them.

In the same way, HEMIS company may not be rendered liable for all inconveniences or damages inherent to the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses.

The User agrees not to introduce, voluntarily or involuntarily, viruses or files of any kind disturbing the site activity. Such criminal acts would lead to legal proceedings.