GENERAL CONDITIONS OF USE OF OUR WEBSITE. TERMS AND CONDITIONS OF TRANSFER OF OPERATING RIGHTS OF OUR PHOTOGRAPHS.

PREAMBLE

The clauses of these general conditions of use of the site of Afrikimages Agency (hereinafter referred to as "www.afrikimages.com") and general terms and conditions of assignment of exploitation rights for the photographs or images are addressed to all person entering the public open site www.afrikimages.com, and serves as contract between Afrikimages Agency, hereinafter referred to as "the Agency" and the client user.

The sole fact of browsing the website, searching, viewing, using, download images in any format, or acquire copyrights on one of the photographs presented on this website implies full acceptance and all of these conditions.

Any user of the photographs who has come into possession by any means either (high or low definition download, FTP, CD, sending by email ...) photographs on this website is deemed to have read and have accepted the present general conditions of use of the website and assignment of rights to use our images.

These images are presented as digital files, and can be different format: Original or High Definition format, Intermediate HD, or Zoom (low definition) as well as web vignette. Any operation or use made by the customer user in violation of the Terms and Conditions below is unlawful. Any clause to the contrary contained in a commercial document or produced by the customer user (including Order Form) is deemed no written. Any private use without permission is prohibited.

I. OWNERSHIP OF THE WEBSITE AND ITS CONTENTS

Intellectual property rights on the website or the contents of this website site or on each of the elements created for this site are the exclusive property of the Agency and its authors or depositors and contractual partners.

Any text, photograph, logo, image or report and / or text and legend, editorial layout (title, text), collection layout (grouping thematic images) on the website has been treated photographic. As such, these elements are considered as creations original intellectuals and are protected by Gabonese law and the treaties intellectual property rights.

The website of Afrikimages Agency is intended for research, visualization and the selection of images belonging to the collections disseminated by the Agency in to acquire a right of exploitation or reproduction or representation, for a use and a fixed period. His access in "user account" is reserved for professionals.

Individuals can view a large set of images from our collections at from the site. They have the possibility to make us reproduction requests (high quality inkjet printing) for their private use only, under certain conditions, and subject to a variable fee depending on the size of the reproduction.

II. OPENING A USER CLIENT ACCOUNT

Users can ask the Agency to open a customer account. giving access to the entire website, and in some cases to downloads images.

To enable the opening of this account, the applicant must provide the Agency with truthful and complete information allowing its identification as well as the identification of the legal person or the company it represents.

The Agency may respond positively or negatively to an application to open without the user, being denied access, can claim any damage.

The agency also reserves the right to restrict or even interrupt any authorization to access his website previously granted to the user client without the user being able to claim any prejudice.

Information obtained by the Agency for the opening of a client account users are reserved for internal use and the Agency expressly undertakes not to not divulge them or assign them to a third party for any reason whatsoever.

The client user has a right of access to this information, as well as a right to modify, rectify or delete its data on a simple request by mail or postal mail to the Agency. The operations registered on the site by users are recorded and stored. All rights reserved).

The client user is fully responsible for the confidentiality of his codes of access, a password and a strictly personal identifier given by the Agency when opening its account. He is fully responsible any activity exercised from his personal access codes on the site.

internet of the Agency. Thus, he formally undertakes not to disclose his codes access to others and to take steps to ensure that these access codes remain personal and confidential.

III. UTILISATION DES PHOTOGRAPHIES

Any user performing a download or copy by any means that this images shown on this site is deemed to have read and to have accepted the Terms and Conditions for the transfer of images.

Any customer who has already contracted with the Agency on the basis of these conditions will be presumed to have read and accepted in a new application.

The photographs made available by the Agency via its website are under the responsibility of the customer who recognizes that they are the sole property of the author or his assigns having given a mandate to the Agency.

In fact, the user user acquires a right of exploitation for a specific use, a defined territory and a fixed term. Any exploitation without assignment of prior rights is prohibited, except for one use for the purpose of making models or preparatory works for use strictly internal. Photographs used as part of a web use will only be available to the user client in low definition and after written agreement of the Agency, the client user committing himself to metadata and to enforce protection against copying and illegal downloads.

The user user formally agrees to request the authorization of the Agency prior to any use of the images. The ignorance of this provision excludes any liability of the Agency for such use.

Only the temporary storage of photographs and images of the Agency is authorized, for the duration of the project. The client user formally commits himself to destroy the files within 30 days of operation. Any storage of photographs and images in any format whatsoever and in any form whatsoever either is formally prohibited. Any reissue, republication, transfer to another support, transfer to any database or transfer to a third party, assignment, retrocession or sale are strictly prohibited without the authorization of the Agency.

Credit / signature of images: The signature of each image is an obligation any form, importance or confidentiality of use. Consequently, the Agency requests strict respect for accurate and complete information on the digital file ("legend" field (or " Caption ") and / or" credit "field of the IPTC file attached to the image, or, in case of deterioration of it, image sheet on the website of the agency).

Mandatory information ,Any reproduction or representation of the photographic material made available by the agency must be accompanied by the mention of the photographic credit by Afrikimages Agency. The latter must be placed in relation to the image reproduced or in the illustration table provided for this purpose clearly indicating the page or the place where the said image is reproduced.

Failing this, or in the case of an erroneous indication, compensation corresponding to 100% of the price may be billed without further notice. This compensation can not be case take into account settlement in the event of a dispute with a third party, including the supplier contractual image.

The name of the photographer, the collection, a partner agency, preceding the name Afrikimages Agency must appear opposite any image reproduced. Any omission or non-respect of these mandatory information such as produced by the Agency may give rise to an additional equivalent to.

All images on the Agency's website are accompanied by metadata present in the IPTC file. This metadata, and in particular those presented in the "legend" (or "caption") field were the subject of searches and audits by specialized persons, and have been written so that the client user can use it and understand the image to which they are attached. This metadata is the property of the Agency. It is strictly forbidden to use this specific intellectual work, the reproduce or copy it, to accompany some image or set of images whatever, which does not belong to the Agency.

Regarding photographs of works not fallen in the Public Domain, the customer user will have to get in touch with companies or foundations representing the artists or their beneficiaries in order to obtain the authorizations necessary for the exploitation of the said works and to settle the rights relating thereto. The the rights to disseminate the photographs granted by the Agency do not include authorizations relating to the exploitation of works of the spirit, marks, persons and movable and immovable property represented in the photographs. Therefore the user guarantees the Agency against any recourse or dispute on obtaining these rights and guarantees the Agency against any conviction that could be pronounced against him.

The assignment of reproduction and / or representation rights is never granted on an exclusive basis. Exclusivity can only result from a specific written agreement and entails the settlement of duties due under the exclusivity, separate from the basic duty.

Some images are subject to temporary or permanent restrictions (examples: Editorial use only or For the year 20xx, the use of this image is reserved for calendars). The user agrees to respect any restrictions mentioned by the Agency about the images, and present on the form IPTC of the image.

Any modification of any nature whatsoever (cropping, clipping, editing, inversion, colorization ...) in any form or by any technical process that this is prohibited and is the sole responsibility of the user user who guarantees the Agency against any recourse relating to these modifications made. Disrespect this prohibition or authorization gives right to damages and interests.

IV. EXPLOITATION OF PHOTOGRAPHS

Authorization request

The customer must send the Agency an application for permission to reproduce and / or representation of all the photographs provided by the Agency or uploaded directly via the website.

This application for authorization must include all the information and information able to legally identify the contractor (legal form, capital, registered office, RCS registrations) and all relevant information on the scope and context of the intended use, namely: • Media type and format, print, date of each publication, or publication or representation, duration, geographical location, or place of dissemination and, where appropriate, form of interpretation. • End-user name, distribution locations, name of each media, name and type of product, service or subject to be treated, legends or texts and other information necessary for billing.

Proof of exploitation

The customer undertakes to provide the Agency with a copy of the proof of use mentioned, within a maximum of 30 days after the use of the images. The Agency accepts, where applicable, a digital version of this copy proof.

This digital version must be complete, easily downloadable, obligatorily printable and include the credits page in addition to a summary of the images used. After the deadline for sending proof of operation, the Agency reserves the right to immediately charge an additional fee, calculated according to the time, and increased claim costs (between 2 and 4 times the initial fee).

Rates and Billing

The authorization to use a photograph is effective only at full payment rights relating thereto. Otherwise, the right of use will be resolved full right and any reproduction will constitute an infringement. Afrikimages Agency issues a reproduction rights invoice based on proof publication or declaration of use received and according to the tariffs in force.

The price of assignment of these rights is determined according to the use of the image, the reproduction format, publication, dissemination, etc. (non-exhaustive list).

This contract is governed by Gabonese law exclusively. For all dispute over the interpretation and enforcement of these conditions general, the Courts of Libreville will be competent only despite not plurality defenders or appeals, even in the event of summary proceedings, proceedings emergencies, and precautionary procedures.

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