General terms and conditions of use
1 - Purpose
The purpose of these General Terms and Conditions is to regulate the use of the photographs presented in this online photo library, hereafter referred to as 'the Site', by a borrower, hereafter referred to as 'the Borrower'.
These general terms and conditions of use are expressly governed by the provisions of the French Intellectual Property Code.
Access to and use of the Site imply the tacit and unreserved acceptance by the Borrower of these Terms and Conditions in their latest online version.
2 - Rights of use
The pictures presented on the Site are reserved exclusively for the touristic promotion of the Auvergne-Rhône-Alpes Region, in part or in whole:
- .in paper and digital communication tools and media distributed free of charge,
- .in press articles (excluding the cover page).
Use in commercial publications such as tourist guides and on posters displayed in paid-for advertising space is prohibited.
The Borrower may be, among other things:
- .a tourism partner of Rhône-Alpes Tourisme, such as a tourist office or Departmental Tourist Board,
- .a travel agent, coach operator or tour operator
- .an association, school or institution
- .a journalist or newspaper
- .a Rhône-Alpes Tourisme supplier, for example a communication agency, solely within the framework of orders placed with Rhône-Alpes Tourisme.
3 - Terms and conditions of use
Use of the pictures is subject to inclusion of a copyright notice and the exact caption shown on the Site for each picture.
If a date of cessation of copyright is given for a picture, the Borrower undertakes to destroy the file supplied and to cease using it.
Inasmuch as use of the Site implies the tacit and unreserved acceptance of these Terms and Conditions by the Borrower, any failure to abide by these terms and conditions may result in legal action being taken against the Borrower by the author of the picture(s) concerned, since Rhône-Alpes Tourisme cannot be held liable.
In addition, the Borrower must provide Rhône-Alpes Tourisme with:
- .2 proofs of the document, in the case of paper publication
- .a link to the medium concerned, in the case of online use.
Each further use must be referred to Rhône-Alpes Tourisme for its prior acceptance, inasmuch as one authorisation granted concerns a single use only.
Modification of a picture of any kind, in any form or by any technical process, is prohibited.
4 - Ownership
The photographs made available by Rhône-Alpes Tourisme are the property of the author or his legal successors. Consequently, the Borrower is only entitled to obtain the right of reproduction and/or representation.
These photographs shall not be sold; they may solely and exclusively be loaned.
5 - Governing laws, competent court and contractual documents
These general terms and conditions are governed by the law in force in France. Any use in contravention of these general terms and conditions may result in legal action being brought at the courts of competent jurisdiction.
Rhône-Alpes Tourisme reserves the right to amend these general terms and conditions at any time. The Borrower should therefore read them on each occasion a picture is used.
6 - Guarantees
The Borrower assures Rhône-Alpes Tourisme that he shall use the pictures in accordance with these general terms and conditions and that in the event of any use in contravention of or prohibited by the latter he shall guarantee Rhône-Alpes Tourisme against any recourse, legal proceedings, claim or demand on the part of any person in connection with said use of the pictures.
The Borrower undertakes to take up the defence and to indemnify Rhône-Alpes Tourisme in the event of any recourse, legal proceedings, claim or demand in connection with any use of the pictures in contravention of these general terms and conditions or prohibited by them under this contract.
7 - Personal information
Personal information as provided by the Borrower on opening his account is kept in the administrator file. The Borrower is entitled at any time to access, amend, rectify and delete information concerning him (under the amended French Data Protection Law [Loi Informatique et Libertés] of 6 January 1978), through the "My Account" page of the Site.