PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS WEBSITE CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE
TERMS, DO NOT USE THIS WEBSITE.
These Terms and Conditions of use (“Website Terms”) apply to
your use of this Website (“Site”). By using this Site you hereby
represent
and warrant that:
1) you are over 18 years old and are lawfully able to accept these Website
Terms;
2) if you are using the Site on behalf of any entity, you further represent
and warrant that you are authorized to accept
these Website Terms on such entity's behalf, and that such entity agrees to
be bound by these Website Terms and indemnify
Philippe BODY for violations of these Website Terms, and;
3) you accept without any reservation the Website Terms.
We reserve the right to change any of the terms and conditions contained
in the Website Terms at any time without prior notice.
Your use of this Site is subject to the most current version posted on the
Site at the time of your use.
Ownership of the site
This Site is owned and operated by the photographer Philippe Body - Philippe
BODY, 26 rue de tours - 37140 La Chapelle sur Loire - France
All rights on the content featured or displayed on this Site, including but
not limited to, images, text, illustrations (the "Content") are
owned by Philippe BODY or its content providers. All elements of this Site,
including without limitations,
the general design and the Content are protected by copyright, trade dress,
moral rights, trademark and other laws relating
to the protection of intellectual property.
Use of the Content
Unless explicitly permitted by Philippe BODY, you may not reproduce, distribute,
transmit or otherwise exploit the Content or
any portion thereof. Your use of any image shall be governed by the licensing
terms applicable to your use. Philippe BODY
licensing terms are incorporated into this Agreement by reference.
Registration Data and Account information
In consideration of your use of the Site, you agree to:
(i) to provide accurate, current and complete information about you when you
fill out any User registration forms on the Site ("Registration Data");
(ii) maintain and promptly update the Registration Data, and any other information
you provide to Philippe BODY, to keep it accurate, current and complete;
(iii) maintain the confidentiality and security of your password;
(iv) notify Philippe BODY immediately of any unauthorized use of your account
or other breach of security;
(v) accept all risks of unauthorized access to the Registration Data and any
other information you provide to Philippe BODY
and all responsibility for any and all activities that occur under your account.
Privacy Policy
Philippe BODY respects your right to privacy. Our Privacy Policy, which is
incorporated into this Agreement by reference outlines
the personal information we collect, how we manage your personal information
and how we safeguard your privacy.
Trademark ownership
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND Philippe BODY
EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY
OR FITNESS FOR A PARTICULAR PURPOSE OR That the site or any services will
be uninterrupted or error-free.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW Philippe BODY shall not
be liable for any damages of any kind arising out of your use of,
your inability to use or the performance of this site.
Although Philippe BODY uses its best efforts to ensure the accuracy of the
Content on the site, this site may contain errors,
mistakes or inaccuracies. We make no guarantees as to the accuracy, correctness
or reliability of the Content.
If any clause in these Website Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of
France, and all disputes arising under the present
shall be submitted to the jurisdiction of the Courts and Tribunals of the
city of Tours, france. Notwithstanding the foregoing,
this provision shall not prevent Philippe BODY, from addressing any competent
court, tribunal or venue to which it might be entitled, in order to seek for
interim measures or any other legal remedies.
This Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods,
the application of which is expressly disclaimed.
License agreement for rights-managed images
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Philippe BODY Philippe BODY. PLEASE
READ THIS AGREEMENT CAREFULLY.
BY DOWNLOADING AND/OR USING ANY RIGHTS MANAGED IMAGE, ILLUSTRATION OR OTHER
GRAPHIC MATERIAL (HEREINAFTER THE "RM GRAPHIC MATERIAL") YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT
DOWNLOAD OR USE ANY RM GRAPHIC MATERIAL CONTAINED IN THIS SITE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR
PRINCIPAL, YOU HEREBY REPRESENT AND WARRANT THAT:
I) YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF
OF YOUR EMPLOYER AND/OR PRINCIPAL; AND THAT:
II) SUCH EMPLOYER AND/OR PRINCIPAL HAS AGREED TO BE BOUND BY THE TERMS HEREBY;
III) THAT THE RM GRAPHIC MATERIAL AND ANY FINAL WORK INCLUDING THE RM GRAPHIC
MATERIAL IS ONLY FOR THE BENEFIT OF EMPLOYER
OR PRINCIPAL AND THAT YOU WILL NOT USE ANY RM GRAPHIC MATERIAL OBTAINED FROM
Philippe BODY FOR THE BENEFIT
OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITHPhilippe
BODY; AND
IV) YOU WILL COMPLY WITH ALL THE TERMS HEREOF AND SHALL BE JOINTLY AND SEVERALLY
LIABLE FOR ANY BREACH OF THE TERMS OF
THIS AGREEMENT BY YOUR PRINCIPAL AND/OR EMPLOYER.
ALL THE RM GRAPHIC MATERIAL ARE COPYRIGHTED AND ALL RIGHTS TO THE RM GRAPHIC MATERIAL ARE OWNED BY Philippe BODY AND/OR ITS LICENSORS AND CONTENT PROVIDERS. Philippe BODY RETAINS ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT.
YOUR RIGHT TO USE ANY RM GRAPHIC MATERIAL IS SUBJECT TO YOUR FULL PAYMENT OF THE LICENSE AND THE RESTRICTIONS SET FORTH IN THIS AGREEMENT.
I. Definitions
1.1 In this Agreement the following terms should have the following meanings:
1.1.1 Rights Managed Graphic Material (RM Graphic Material): means the graphic
material of Philippe BODY which may consist
in still images, illustrations or other visual representation generated optically,
electronically, digitally or by any other means and which use is subject to
the terms of the present License agreement.
1.1.2 Invoice: means the computer generated or pre-printed invoice which includes without limitations the permitted scope of use of the RM Graphic Material selected and the corresponding price for the license of such RM Graphic Material.
1.1.3 Reproduction: means any form of copying or publication of the whole
or part of any RM Graphic Material by any means whatsoever.
Reproduction shall also include any distortion or manipulation of the whole
or part of any RM Graphic Material .
II. Rights Granted
2.1 Conditioned upon your full payment of the license and your compliance
with the terms of the Invoice and this Agreement
(including all restrictions), Philippe BODY grants You a non-exclusive (unless
otherwise stated in the Invoice),
non-sublicensable, non-transferable right to reproduce the RM Graphic Material
listed in the Invoice in accordance with the
reproduction rights granted and specified in the Invoice.
2.2 The rights hereby granted to you are non-transferable which means that
any work that you produce using an RM Graphic Material
must be for your own use, or for the use of your direct employer or client,
who must be the end-user of your work
(as long as all relevant data pertaining to any such end-user is clearly stated
in the Invoice for having been provided
to Philippe BODY prior to licensing). In any such event, You hereby agree
to be jointly and severally liable for any breach
of the terms hereof by your employer and/or client.
2.3 Unless otherwise specified on the Invoice, the license granted on the
RM Graphic Material is strictly limited to the use, medium,
period of time, print run, placement, size of image, territory and any other
restrictions specified on the Invoice,
which is incorporated into this agreement by this reference, and as incorporated
together with this Agreement constitutes
the full license granted to You.
2.4 Unless otherwise stated in the Invoice, all licenses on the RM Graphic
Material are granted for a one time use,
in a single publication, single size, single territory, in one single language,
and for a term of one (1) year from the date the
applicable Invoice is issued.
2.5 All rights not specifically granted to You are reserved. The license
fee on the RM Graphic Material depends on the nature of
the rights granted, therefore You undertake to obtain an additional license
before undertaking any expanded use of any
RM Graphic Material.
2.6 The following credit line is required for any editorial use of any RM
Graphic Material "© Photographer's name/www.philippebody.com
or "© Philippe BODY if no other name is mentioned with the RM Graphic
Material. For commercial uses, you shall include the credit
described above when customary and appropriate.
III. Restrictions on use
3.1 The RM Graphic Material may not be used for any pornographic, unlawful
purpose or use or to defame any person or violate any person's right of privacy
or publicity or to infringe upon any copyright, trade name, trademark or service
mark of any person or entity.
Advance written permission from Philippe BODY is required for use of any RM
Graphic Material for sensitive subjects, including without limitation, topics
that may depict the subject matter of an RM Graphic Material in a negative
or unfavourable light.
3.2 Philippe BODY reserves the right not to license any RM Graphic Material for any reason whatsoever.
3.3 You may only use a single copy of the RM Graphic Material on a single
computer. You may only download the RM Graphic Material onto one (1) computer
hard drive or other computer medium and may not otherwise make, use or distribute
copies of the RM Graphic Material
for any purpose except as otherwise provided in the Invoice. Notwithstanding
the foregoing, You shall be allowed to make one (1) backup copy for security
purposes only.
3.4 Upon termination or expiration of the license, You shall cease any use of the RM Graphic Material and promptly erase or destroy any reproducible copies of the same.
IV. Unauthorized uses and indemnification
4.1 Any use of any RM Graphic Material beyond the scope of the license set forth on the Invoice or in a manner not expressly authorized by/or in breach of the present Agreement constitutes copyright infringement, entitling Philippe BODY to exercise all rights and remedies available under all applicable laws.
4.2 You shall be responsible for any damages resulting from any such copyright
infringement, including without limitation any claims
by a third party and you hereby agree to indemnify and hold harmless Philippe
BODY and its licensors and content providers,
against all claims (including without limitation, claims by third parties),
liability, damages, costs and expenses, including reasonable legal fees and
expenses, arising out of or related to any unauthorized use of any RM Graphic
Material or any breach of any terms and conditions or restrictions of the
present Agreement, (including any terms, conditions and restrictions included
on the Invoice).
V. Releases and Third party rights
5.1 Unless Philippe BODY expressly states otherwise in writing, and given
that you and/or you client (the End-User) are the only
parties apprised of the specific context in which the RM Graphic Material
shall be used, you hereby acknowledge that the license granted by Philippe
BODY does not include a license to and Philippe BODY makes no warranties or
representations that it licenses
any rights related to any person depicted in the RM Graphic Material nor Philippe
BODY can guarantee to be in possession
(or the validity or effectiveness and scope if applicable) of the necessary
authorizations from the persons depicted in the RM Graphic Material for the
intended use of the Graphic Material. The same shall apply with regard to
the authorizations that may be required for the use of names, brands, logos,
entities or corporations which may also appear in the RM Graphic Material.
5.2. Also, unless otherwise agreed in writing, and, given that you and/or
your client (the End-User) are the only parties privy to the
specific context in which the RM Graphic Material shall be used, Philippe
BODY neither transfers nor guarantees that it possesses
any exploitation rights to the designs and works of art (e.g. architectural
works), that may appear reproduced in the RM Graphic Material.
Therefore, when the license is granted to reproduce the RM Graphic Material,
the reproduction being authorized pertains solely
to the RM Graphic Material independently of any rights that may correspond
to the copyright holders of the work appearing in said
RM Graphic Material.
5.3. Unless otherwise agreed in writing, Philippe BODY shall not undertake
to obtain the authorizations referred to in previous
paragraphs 5.1 and 5.2, whereby you and/or your client (the End-User) must
be the ones responsible to obtain such authorizations, if necessary. Therefore,
you and/or your client (the End-User) shall be solely responsible to third
parties for the use of the RM Graphic Material, therefore holding Philippe
BODY absolutely save and harmless to that end.
5.4 Philippe BODY shall not be held liable for any conflict that may arise
as a result of any digital or analog manipulation of the RM Graphic Material,
incorrect, improper or unauthorized use of the RM Graphic Material, such as,
for instance, those that serve to
illustrate texts or contexts (of any kind, including advertising and commercial
ones) that may harm the rights or interests of persons, companies, corporations,
etc, and, in particular, when they may be considered slanderous, defamatory,
or infringing on third party rights, or, in otherwise illegal.
VI. Payment
6.1 You are responsible for ensuring that all the information appearing in the Invoice is true, accurate and complete.
6.2 A late payment charge of one and one-half percent (1.5%) per month or such lesser amount as is allowed by law, shall be applied on any unpaid balance until payment is received.
VII. Credit or Cancellation
7.1 If any licensed RM Graphic Material is not reproduced by you in any way, You can, within thirty (30) days of the date of the Invoice, request in writing, the cancellation of the License, Philippe BODY may then proceed to cancel the Invoice and issue a full credit to your account or credit card. Nothing in this section shall apply to service, administration and shipping fees which shall be payable according to the terms stated on the Invoice and shall be non-refundable.
7.2 After 30 days, no cancellations will be accepted and the full amount invoiced shall be paid.
VIII. Warranty and Limitation of Liability
8.1 Philippe BODY warrants that:
I) it has all necessary rights and authority to enter into and perform this
Agreement;
II) any digital copy of the RM Graphic Material to be free from defects in
material and workmanship for ninety (90) days from delivery.
Your sole and exclusive remedy for a breach of this warranty is the replacement
of the defective digital copy of the RM Graphic Material.
EXCEPT AS PROVIDED IN THIS SECTION, Philippe BODY MAKES NO WARRANTIES (EXPRESS
OR IMPLIED) WITH RESPECT TO THE RM GRAPHIC MATERIAL. AS STATED IN SECTION
V ABOVE, Philippe BODY GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARDS
TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, DESIGNS OR WORKS OF ART OR ARCHITECTURE
DEPICTED IN ANY IMAGE, AND YOU MUST SATISFY YOURSELF THAT ALL THE NECESSARY
RIGHTS AND CONSENTS REGARDING ANY OF THE ABOVE, AS MAY BE REQUIRED FOR THE
INTENDED USE HAVE BEEN OBTAINED. WHILE Philippe BODY MAKES EFFORTS TO USE
ACCURATE CAPTION INFORMATION, Philippe BODY DOES NOT WARRANT THAT SUCH INFORMATION
IS ACCURATE. Philippe BODY MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING
ANY RM GRAPHIC MATERIAL INCLUDING, WITHOUT LIMITATION, THAT THE RM GRAPHIC
MATERIAL ARE ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
8.2 EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER Philippe BODY NOR ANY OF Philippe BODY PARTNER, CONTENT PROVIDER, LICENSOR, DISTRIBUTOR OR AGENT SHALL BE LIABLE FOR ANY DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE RM GRAPHIC MATERIAL OR OTHERWISE,
8.3 THE REPRESENTATIONS AND WARRANTIES MADE BY Philippe BODY IN THIS AGREEMENT APPLY ONLY TO THE RM GRAPHIC MATERIAL AS DELIVERED BY Philippe BODY AND WILL BE INVALID IF THE RM GRAPHIC MATERIAL IS USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT.
IX. Data Protection
9.1 Pursuant to the previsions of French legislation relating to Data Protection,
Philippe BODY hereby informs You that any personal data that you provide to
Philippe BODY for the purposes of servicing you, which may include, but not
limited to,
personal data of your representative or any other individual which may be
required to fulfill this Agreement.
9.2 This information will be processed and controlled by Philippe BODY and
used for internal purposes only and more particularly
to fulfil licensing transactions, maintain your account and send you marketing
communications to inform you of new products or services
We may also use certain account information provided to us by authorized users to conduct credit inquiries.
9.3 By making this information available to Philippe BODY you are agreeing
to allow us to share this information withPhilippe BODY partners, any third
party content provider, necessary payment processors or third parties which
services are required
to carry out your order. We also reserve the right to disclose your personal
information if required to do so by law or in order to
comply with any legal process.
9.4 The Client represents and warrants to Philippe BODY that, prior to disclosing
to Philippe BODY any personal data of any
individual required to fulfill this Agreement (other than the individual who
accepts this Agreement in its name and on its behalf),
You shall notify this individual of:
I) his/her disclosure of his/her personal data to Philippe BODY for the purposes
specified in the present Agreement,
II) the personal data which is being disclosed in this regard and;
III) Philippe BODY's identity and address. You accept and agree to indemnify
and hold harmless Philippe BODY for your
failure to comply with this obligation.
9.5 You may, at any time, you may, at anytime, access, correct, update or
require us to delete your personal data by sending us your petition by e-mail
to the attention of Philippe BODY at pbody62@gmail.com or by regular mail
to the following address:
26 rue de Tours - 37140 la Chapelle-sur-Loire - France
X. Severability
10.1 Should any provision of this Agreement be found invalid, illegal or
unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions shall not be affected and shall
remain in full force and effect.
Such provisions shall be revised only to the extent necessary to make them
enforceable.
XI. Entire Agreement, Waiver
11.1 This Agreement contains all the terms of the license agreement for the
RM Graphic Material and no terms or conditions may be added or deleted unless
made in writing and signed by an authorized representative of both parties.
No action of Philippe BODY other than an express written waiver, may be construed
as a waiver of any provision of this Agreement.
A delay on the part ofPhilippe BODY in the exercise of its rights or remedies
will not operate as a waiver of such rights or remedies, and a single or partial
exercise by Philippe BODY of any such rights or remedies will not preclude
other or further exercise of that right or remedy. A waiver of a right or
remedy by Philippe BODY on any one occasion will not be construed as a bar
to or waiver of rights or remedies on any other occasion.
XII. Law and Venue
12.1 This Agreement, and all matters collateral thereto, shall be governed
by and construed in accordance with the laws of France,
excluding the application of its conflicts of law rules, and any dispute arising
hereunder shall be litigated solely in a court of
competent jurisdiction in Tours, France. Notwithstanding the foregoing, Philippe
BODY shall have the right to commence
and prosecute any legal or equitable action or proceeding before any court
of competent jurisdiction to obtain injunctive or other
relief against licensee in the event that, in the opinion of Philippe BODY,
such action is necessary or desirable.
12.2 This Agreement shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods,
the application of which is expressly disclaimed.
If you are unsure of your rights under this License Agreement or would like
to acquire additional rights (or additional seat licenses),
please send us an email at pbody62@gmail.com
PRIVACY POLICY
Philippe BODY as the controller and processor of the personal information
collected through the use of this site is committed in protecting your privacy.
In this regard, Philippe BODY has adopted this Privacy Policy which tells
you the information we collect online and how we use it.
By using this site, you understand and agree to the terms hereby stated.
1> Collection of personal information
a) Personal information collected automatically
When you visit our site, certain information may be collected automatically
such as the website that referred you to us,
your IP address, information about your browser and access time. We may also
collect navigational information such as
the pages you view or the actions taken in connection with this site. We may
combine your visit and navigational information with personal information
you provide to us.
b) Personal data provided by you
When you register on this site, you must fill in a registration form and
provide personal information such as: your name, address, telephone number,
fax number, email address, company name and title.
Other additional information will be collected to process any licensing transaction
or to provide you with some product or services (ex: credit card number and
billing address).
II Use of the personal information
The personal data collected by Philippe BODY are for internal use only and more particularly to:
-process orders and issue invoices;
-maintain and update your account;
-send you updates about our new products and services;
-create an activity profile of our site;
-optimize the use of our site
III Storage of the personal information
The personal data referred to in section I will be kept by Philippe BODY for as long as required to fulfill the purposes which justified its collection.
IV. Sharing of the personal information
By providing your personal information to us, you agree that:
Philippe BODY may share this information with service providers who perform
services on its behalf, content providers, necessary payment processors or
mail or postal services. These companies will only obtain the personal information
they need to deliver the service. They are required to maintain the confidentiality
of your information and are prohibited from using it for any other purpose.
-this information may be disclosed as part of any merger, acquisition or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which the personal information would be transferred as part of business assets of the company.
-this information may be disclosed if required by law or if Philippe BODY, in good faith, believes that such action is reasonably necessary to comply with legal proceedings, respond to claims, or protect the rights of the company.
Except as specifically set forth in this Privacy Policy, Philippe BODY does not sell, share or rent to third parties any personal information about the users of its site.
V. Your rights with regards to your personal information collected by Philippe BODY
You can at any time review, correct or modify your personal information by sending us your modification request by email
If you wish to have your personal data deleted from our files, you can exercise your right by sending us your request by email
VI Cookies
When you visit our website, Philippe BODY sends a cookie to your computer.
A cookie is a small file that resides on your computer's hard drive and contains
electronic identifiable information which identifies the user's computer (non-personally
identifiable information). Cookies allow Philippe BODY to make its website
more useful
by storing information about your preferences. You can set your browser's
options not to accept cookies, but this may prevent you from accessing all
of the features of this site.
VII Children
We do not intent to solicit or collect personal information from anyone under the age of 18. If you are under 18, do not provide any personal information on this site.
IX Change to the Privacy Policy
Philippe BODY reserves the right to change, at any time, the terms of this
Privacy Policy at its own discretion or if required as a result of any changes
in law or commercial practice.
Any such changes will be posted on this page indicating at the top part, the
date of the latest update.
