General Terms & conditions

Preamble


This agreement is governed by and subject to the legal frameworks laid down by the Code of Intellectual Property of the 1st July 1992.


The General Terms and Conditions are legally binding the Client (hereafter you) using this site, whether or not he downloaded or received the content offered by the company Leemage (hereafter the Agency or us/we).


Any use of the website indicates the knowledge and the acceptance of the General Terms and Conditions.
These General Terms and Conditions may be updated from time to time without notice. Clients can review the most current version at any time on the site.


Each Client is responsible for maintaining the confidentiality of his password and username. You are fully responsible for all activities that occur under those password and username. You agree to immediately notify Leemage of any unauthorised use of your password and/or username or any breach of security.


I- Ownership of the Site and Content


This site is owned and operated by Leemage.
All "Content" displayed on this Site, including, but not limited to, images, photographs and illustrations, is owned by Leemage or its Content providers or Copyright holders.
The Agency reserves all copyright and other intellectual property rights to the Content, and no such rights shall be deemed granted to you, except as herein provided.


"Image" includes transparencies, any digital format images, negatives or any other item which may be offered to you for the purpose of reproduction. For the protection of Leemage and the Content providers, images may be watermarked or marked with identifying indicators.


The licence for you to reproduce the Content as herein provided constitutes a limited grant of rights and shall not affect the ownership of the content by Leemage or its Content providers. The client only acquires the right of reproduction strictly limited to the use, period of time and territory specified in our invoice.


II - Use of the Content


1- Express prior agreement


Each reproduction is strictly forbidden without the express prior agreement of the Agency. It is the responsibility of the Client to inform Leemage when and how a picture is to be used.


The low-definition Content which may be downloaded free of charge is to be used solely for private, non-commercial home use or within the context of a mock-up for internal company presentations. The Client agrees to delete all images within 30 days after use.


High-definition Content, downloaded or received by email (or on CD-ROM) allows the Client to reproduce or represent them. Such limited grant of rights is to the exclusion of any reprinting, or any similarly revised, derivate, partial or new publication as well as with respect to any translation, or other medium of transmission or re-transmission.


2- Non-exclusivity


The ceding of rights of the photographic documents is carried out non-exclusively, unless otherwise expressly agreed in writing. Exclusive rights, when granted, are subject to a premium fee.


3- Payment


The authorization to use an image is subject to the express conditions of the effective payment of the amount due. Otherwise, any reproduction constitutes an infringement of copyright and also a breach of this agreement entitling us to rescind and claim damages.


The Agency will estimate the price of the author's rights and the rights of reproduction according to the proof of publication or the declaration of use. The price is fixed in accordance with some informations including, but not limited to, the nature of the project, the number of copies, the reproduction format, the distribution area, etc.


4- Credit lines and copyright notices


Photographic credits are compulsory on any reproduction or representation of photographic documents. The credit Leemage must be placed in a manner easy to read with respect to the photograph, next to it, or in a photographic index set aside for the purpose.
In the event of a failure to comply with the foregoing notice requirement, or in the event of an erroneous credit, you shall agree to pay damages equal to 100% of the purchase price of the Content. It is furthermore agreed that such payment shall in no way serve as a settlement or release with respect to claims by third parties, including, but not limited to, Content providers.


Similarly, it is required to feature the photographic credit and the source of the file during its temporary storage.


5- Proof of publication


The client agrees to send proof of publication of the Content to Leemage (a copy of the book, newspaper or magazine, or a clearly recognizable and identifiable photocopy of the specific, applicable page including such content), within 30 days after publication. If such proofs cannot be provided (publicity, film, documentary), you are required to supply a declaration of use with the full details of the images and their use.


Any delay or omission in sending out proof of publication will trigger a doubling of the amount due by the client.


6- Storage of Content


Except where prior written permission has been obtained, it is prohibited to store any of our images in a database. The client agrees as a consequence not to reuse this data in any way whatsoever.


The Client agrees to delete or destroy all images loaned in digital format, or, return non-digital images to us, within 10 days after the use of the image has occurred.


III- Copyright and other Third party rights


Leemage cannot be held responsible for the use of an image which has not been the object of all the necessary authorisations linked to the protection of works and of the persons represented, and of the settlement of rights due to artists or to their representatives.


The ceding of rights of reproduction or representation does not include all the necessary authorisations relative to the exploitation of the image. It is a condition of this agreement that you ensure, before publication, that all necessary artists' rights, owners rights, third party rights, model releases or consents are obtained.


IV- Unauthorised uses


Any other use of the Content, other than herein specifically permitted, requires the express prior written approval of the Agency. Likewise, any new use of the Agency's images requires a fresh request and the settlement of new rights.


You agree neither to modify nor use the Content in a manner which alters it, not to participate in any defamation action, nor more generally to use all or any portion of the Content in any manner which may be harmful to its author or to any third parties. Any modification is forbidden, without our prior consent in writing of the Agency.


Any copying from these documents is strictly forbidden.


The rights granted by Leemage are personal and nontransferable. The Client agrees not to transmit such file to a third party, whether free of charge or for payment. It is specifically agreed that you are fully liable for any use and its consequences if a file containing the Content is transmitted to a third party. In the event of illicit use by a third patty, Leemage reserves the right to hold such third party liable.


It is specifically understood that the use of Content in association with any publicity, advertising, promotional or other commercial use, except as herein provided, is strictly prohibited.


V- Disclaimers


The Site and its Content are provided to you on an "as is" basis. Leemage makes no representations or warranties of any kind, either express or implied, with respect there to other than as specifically set forth herein.


Although Leemage uses reasonable efforts to ensure and verify the accuracy of the Content on the site, we make no representations or warranties as to the accuracy, correctness or reliability of the Content or any associated text, credits or copyright notices.
In the event of an erroneous text, credit or notice within the Site, Leemage's liability is expressly limited to the sum paid by you for the Content in question. The Agency reserves the right to modify the Content and organisation of the Site at any time.


The Client shall furthermore remain solely responsible for the manner in which a search is conducted on the Site, the results of the search, and the use of the results of such search.
In addition, we make no representations or warranties that the functional aspects of our Site will be uninterrupted or error-free or that our Site or the server that makes it available are free of viruses or other harmful components. You hereby acknowledge that your use of our Site is at your own risk.


VI- Limitation of liability


It is specifically agreed that neither Leemage or its Content providers, directors, officers, employees, partners, licensors, or agents will be responsible or liable to you or any party acting by or through you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use of the Content on our site.


VII- Additional Terms


If any of these General Terms and Conditions is held to be invalid, the remainder of the General Terms and Conditions will remain in full force and effect.


The Agency reserves the right to engage legal proceedings in case of any material breach of the General Terms and Conditions.


You agree to indemnify, defend and hold Leemage and its Content providers harmless from and against any and all loss, cost, damage or expense, including, without limitation, attorneys’ fees and expenses resulting from usage of the Content which is in violation of these terms and/or in breach of any laws and/or legislation applicable in any country throughout the world.


VIII- Governing Law and Jurisdiction


This agreement shall be subject to and construed according to French law.
Any and all claims and/or litigations with regard to the interpretation or execution of these General Terms and Conditions hereby fall under the exclusive jurisdiction of the Court of Paris, notwithstanding multiple defendants, the introduction of third parties, or emergency or conservatory proceedings.


By checking the box "I accept the Terms & Conditions" and by validating the registration form, you acknowledge that: (1) you have read the Terms and Conditions of Leemage, (2) you fully accept the Terms & Conditions of Leemage, (3) you have the necessary power of representation for your company or organisation, (4) you have provided truthful and complete information in filling out the registration form.