The use of AXIMAGES's pictures including the services offered by AXIMAGES on its website, the consultation and use of AXIMAGES photographic
documents involves the full and complete acceptance of these conditions also entitled "General Sale Conditions".
Any order entails the acceptance of these general conditions, whose prior reading is compulsory.
AXIMAGES reserves the possibility to amend these general conditions for any future exploitation license subject to prior information to
The photographic works displayed on the AXIMAGES website or delivered in any form by AXIMAGES are protected by the Intellectual Property Code and
international conventions in respect of copyright and may only be used, duplicated, represented, adapted or copied, in whole or in part, in any form, by
any existing means or means to come, and in any place whatsoever, in accordance with these conditions and subject to your compliance with all applicable
laws and regulations relating thereto. Any use that may be detrimental to the author and/or third parties represented and/or AXIMAGES is prohibited.
Anyone contravening from this prohibition will be prosecuted by AXIMAGES and/or by each author of the said photographic works.
AXIMAGES warrants the beneficiary of the license in accordance with these general conditions, the license agreements and the specific conditions set
out on the invoice. Therefore, you must refer to these various agreements.
|BENEFICIARY OF THE LICENSE|
The beneficiary of the license granted by AIMAGES is any natural or legal person that has purchased the exploitation rights in respect of one or
several photographic works provided by AXIMAGES for its own account. If the purchaser is a natural person, the latter is deemed to be the sole user
of the pictures or products, the sole holder of this license to use. If the purchaser is a legal person, this license applies to all its members,
affiliates, partners or employees under the direct or indirect supervision of the legal representatives of the legal person.
|CONDITIONS FOR THE LICENSING OF EXPLOITATION RIGHTS-FORMATION OF THE AGREEMENT-LIMITATION|
The use as model, the duplication or the representation of documents provided to the applicant or put at disposal on or through the AIMAGES website
requires the prior approval of AXIMAGES and the licensing of rights becomes actually effective only provided that the five following conditions are
1°) Acceptance by the beneficiary of the license of the General Sale Conditions;
2°) Acceptance by the beneficiary of the license agreement;
3°) Receipt by AXIMAGES, prior to any use, of an order signed by the applicant or a quotation accepted, through a written or electronic device,
equivalent to a request for exploitation, detailing all useful information and, in particular:
- Type and scope of the use : type of medium; format of the use; format of the medium; printing; date of each publication or representation; duration;
geographical area; as the case may be, form of the interpretation; etc.
- Background of the use: Name of the user; places of distribution; as the case may be, name of each medium; name and type of the product, the service or
the subject dealt with; legends or texts accompanying the picture; etc.
4°) Acceptance by AXIMAGES, of the uses and backgrounds indicated, materialised through the remittance of an invoice, equivalent to the conditional
license of duplication and/or representation rights. On this invoice, the following must be detailed: terms of payment and, according to the document
chosen, the use and its background, the amount of royalties and ancillary expenses, the related obligations or restrictions. Except for any indication
to the contrary duly specified on the invoice, the rights to use are licensed only on a non-exclusive basis and in the French territory only.
5°) The full payment of related royalties detailed on the invoice within the time frame set out on the invoice.
The amounts of the royalties to use set out on AXIMAGES tariffs indicate the basis for royalties and technical expenses due for legal uses with
adequate specifications. These tariffs are available upon request.
The taxes are those in force at the date of invoicing.
- Author's rights are subject to VAT at 7%.
- Technical expenses are subject to VAT at 19.6%.
Each inadequate and/or illegal duplication, representation or use, beyond possible action for counterfeiting, will give rise to a minimum contractual
penalty equal to 5 times the basis for a first single related use. In addition, if the reference to the credit is missing or inadequate, the amount of
this first use increased by a minimum of 100% will be used as the basis for this penalty.
If the beneficiary of the license requests the cancellation of the license in writing within a period of thirty (30) days from the date of downloading
or delivery of the pictures, AXIMAGES will be able to terminate this agreement and credit the account of the beneficiary for the full amount of the
invoice. If this request takes place within more than thirty (30) days but less than or equal to sixty (60) days from the date of delivery, the
beneficiary of the license will pay for a termination penalty equal to 50% of the amount of the invoice. Beyond 60 days, the full amount of the invoice
will be due. The non-payment of the invoice involves the payment of late payment interest at a rate of 1.5% per month of delay on a prorata temporis
|TITLE TO THE DOCUMENTS AND RIGHTS EXCLUSIVITY|
The pictures provided are held by their authors or their successors in title. These documents are never transferred. They may only be lent or licensed in
respect of exploitation rights. Only the right to duplicate or represent them may be transferred; this right is always licensed for a determined use and
any other use, including the reshowing, even partial in another background of the medium illustrated by these documents, involves a new prior written
consent by AXIMAGES and gives rise to the new payment of royalties. The transfer of duplication and/or representation rights is never made on an
exclusive basis. When it is possible, the exclusivity, under any form, must be the subject of an additional agreement relating to its duration, its
territory, the range of activity and the medium or media. This agreement entails an increase of the base royalties negotiable by mutual agreement. Save
for an explicit reference on the invoice, the rights are always licensed on a non-exclusive basis and for the French territory only. Any extension of the
use as compared to the initial agreement must be subject to the prior consent of AXIMAGES and a new license of exploitation rights. The absence of
prior information to AXIMAGES may be deemed to be an illegal use. Prior to any use, the applicant, if he is a representative, undertakes to notify to
the user and to third party intermediaries, the limits of uses authorised according to the rights validly held from AXIMAGES. It is fully responsible
for any use and its consequences. The user and any third party intermediary, receiving base and derived documents as well as any medium to use from an
applicant, are subject to the same undertakings as the applicant. In case of any dispute, AXIMAGES reserves its right to commence direct proceedings
against the applicant and/or any third party intermediary and/or the user, including for counterfeiting and, as the case may be, to proceed to seizure
under legal process.
For more detail, please refer to the clauses of the license agreement.
Each publication must make a reference to the copyright in the form "name of the photographer / AXIMAGES" next to or close to the picture.
Each publication must be the subject, within a maximum period of thirty (30) days following the publication, of the remittance of at least one
justification for purposes of information and control by AXIMAGES.
AXIMAGES does not give any right or warranty relating to the use of brand names or trademarks or service marks, whether registered or unregistered,
works of art or architectural works and more generally goods or properties contained or represented in a picture and you must therefore check, prior to
any use, that the rights and authorisations necessary for the reproduction of pictures in question have been properly held.
The adaptation of documents under any form whatsoever is performed by yourself under your full responsibility. Such adaptation may however not undermine
the author's moral right, including in case of a change of interpretation of the document and towards third parties represented.It is expressly
prohibited to use the documents put at your disposal for any purpose such as pornography, racism, violence, etc.. and in any other litigious field or
field detrimental to the author and/or third parties represented and/or AXIMAGES.
If a picture representing a person is used to illustrate a product, a service or an editorial content through this model in a background that is
controversial or different from the general background of the picture, you must print a text close to the picture indicating that this person is a
model exclusively used for illustration purposes, without any direct relation to the product, the service or the editorial article in question.
No warranty is given by Soulangiana in respect of legends provided.
Generally speaking, AXIMAGES may not be held liable for indirect damages, such as business damage, loss of clientele, loss of order, any business
disruption, loss of profit, loss of brand image. Any action against the beneficiary by a third party constitutes an indirect damage and, therefore,
does not give rise to compensation. Besides, the amount of the sums that AXIMAGES may be led to award to the beneficiary as damages is expressly
limited to the aggregate amount of actually received by AXIMAGES from the beneficiary for the exploitation of the litigious photograph(s).
For more detail, please refer to the clauses of the license agreement.
|PAYMENT OF INVOICES|
The rights licensed are validly held only after full payment of the invoice. If the beneficiary of the license requests the cancellation of the license
in writing within a period of thirty (30) days from the date of downloading or delivery of the pictures, AXIMAGES will be able to terminate this
agreement and credit the full amount of the invoice to the account of the beneficiary.
Should this request take place within a period of more than thirty (30) days but less than or equal to sixty (60) days from the date of delivery, the
beneficiary of the license will pay for a termination penalty equal to 50% of the amount of the invoice. Beyond sixty (60) days, the full amount of the
invoice will be due. The non-payment of the invoice entails the payment of late payment interest at a rate of 1.5% per month of delay, on a prorata
temporis basis. In case of late payment, the license for the exploitation of the pictures provided will be automatically and by right terminated,
except for any specific and express agreement by AXIMAGES to the contrary.
|GENERAL AND SPECIFIC CONDITIONS|
Any lending of a document as well as any use or exploitation of a photographic work provided by AXIMAGES entail full adherence to AXIMAGES
general conditions, the license agreement and the specific conditions set out on the invoice, notwithstanding any clause to the contrary or use set out
possibly on the written documents of the applicant or the user. For more detail, please refer to the clauses of the license agreement.
|TRANSACTION IN LINE|
|Any transaction carried out within the framework of this site, including any acquisition of licensing rights in respect of one or several
photograph(s) suggested by AXIMAGES is subject to the sale terms.|
|LODGING OF THE SITE|
|Amen, whose registered office is located 12/14 rond-point des Champs-Elysées 75008 Paris-France / Tel: 0892 55 66 77, provides the lodging of the site.
In accordance with Section 34 of the Law on "Data Processing and Freedoms" No. 78-17 of 6 January 1978, you have a right of access, modification,
correction and deletion of data relating to you. You may exercise it by sending an e-mail or by mail sent to our registered office.|
|LAW - JURISDICTION|
The use of pictures, products and services from AXIMAGES is governed by French law and only the French version of this agreement is valid and
enforceable against the parties, even in the event of an international use or outside France.|
IN CASE OF A DISPUTE, THE PARIS COMMERCIAL COURT WILL BE EXCLUSIVELY COMPETENT, NOTWITHSTANDING THE PLURALITY OF DEFENDANTS OR INTRODUCTION OF THIRD
PARTIES, EVEN FOR EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS, SUMMARY PROCEEDINGS OR UPON REQUEST.