GENERAL TERMS AND CONDITIONS
|The photographs and/or texts presented on this site are not free of rights. Every photograph and/or text is a work protected by the Intellectual Property Code. This contract governs the relations between SIC and any co-contracting party (known as Client) relating to the assignment of certain intellectual property rights on the photographs and/or texts proposed by SIC, in the conditions and limits listed below or listed in the communications between SIC and the client.
Scope of the assignment
The assignment is intended for a single publication/edition in a single language and in a single medium. Any re-edition or re-publication, transfer on another medium or title or to third parties is prohibited without SICís prior authorization. The assignment is non-exclusive.
The Client shall send to SIC in writing an authorization request to reproduce and/or represent the photographs that he has selected. This request shall include all the necessary information to define the scope of the exploitation and in particular the identification of the Client, the kind of medium considered, the format, print run, date of issue, length, geographical situation, possible captions.
SIC shall then send an estimate and/or invoice. As the case may be, SIC shall inform the Client of the restrictions that it is aware of with regard to the proposed exploitation. Any use of the photographs in another context constitutes an infringement and may be punished by sanctions.
Communication of the Photographs
The means of communication of the assigned photograph are comprised of sending by mail in high definition or by FTP, or otherwise by the realization of a duplicate sent by ordinary mail or made available at SICís registered office. The Client declares that he is aware of the technical methods of delivery.
Any other method of communication shall incur technical and express post expenses borne by the Client, in addition to the price of the assignment.
The client shall return as soon as possible the loaned photographs whether they have been used or not. In the event they were sent in digital form, any conservation or duplication in any form whatsoever is prohibited.
SIC may carry out specific searches for photographs without consideration.
Any reproduction and/or representation must necessarily include the name of the photographer and of SIC, as well as the name of any other person expressly mentioned by SIC.
No photograph may be modified in any way whatsoever, without SICís prior agreement. Only the cropping necessary for the layout is authorized, without distorting the nature of the photograph.
The Client acknowledges that the Photographs and/or texts emanate from quality publications and undertakes not to harm the image of these publications, in particular with regard to the choice of the context of exploitation of the photograph, without SICís prior written authorization.
Third Partiesí Rights
The assignment of the rights to reproduce and/or represent a photograph by SIC does not however exempt the Client from ensuring that the rights of the persons photographed and/or the owners of the objects or works photographed are respected.
THE CLIENT HAS THE OBLIGATION, UNDER HIS OWN LIABILITY, TO OBTAIN THE PUBLICATION AUTHORIZATION FROM THESE PERSONS EITHER DIRECTLY FROM THEM OR FROM SIC BY A WRITTEN, DATED AND SIGNED AGREEMENT, SUBJECT TO HAVING PREVIOUSLY CLEARLY INFORMED SIC IN WRITING OF THE CONDITIONS OF USE OF THE PHOTOGRAPH. ANY USE WITHOUT THE WRITTEN AUTHORIZATION OF THE PERSONS PHOTOGRAPHED, OF THE OWNERS OF THE OBJECTS OR WORKS PHOTOGRAPHED OR OF THE OWNERS OF INTELLECTUAL PROPERTY RIGHTS ATTACHED TO THE LATTER, SHALL INCUR THE SOLE LIABILITY OF THE CLIENT, THAT SHALL BEAR ALONE THE PREJUDICIAL CONSEQUENCES OF THE USE OF THE PHOTOGRAPH IN PARTICULAR BY GUARANTEEING SIC AGAINST ALL ADVERSE DECISIONS.
The Client undertakes to send to SIC proof of edition, publication or use of the photograph, including at least the context of the edition, within one month from the date of the photograph.
SIC reserves the right to modify the prices at any time. Any order not falling within the price conditions shall be the subject of an estimate.
Methods of payment
The payment of the orders shall take place upon receipt of the invoice.
The Client acknowledges that the internet network environment is likely to create problems such as connection interruption, server breakdowns, electrical problems or other. SIC may not be held liable for the consequences of such events.
Settlement of disputes
This contract shall be governed by French law. ANY DISPUTE RELATING TO THIS CONTRACT THAT HAS NOT BEEN SETTLED AMICABLY SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE PARIS COURTS.