Recitals
The articles of these general transfer conditions apply in full to
any person placing an order or downloading one or several files from
the Follmishop.com website. These general conditions therefore aim
at defining the relations between FOLLMISHOP and the customer. The
conditions hereafter are formally binding on the signatories of this
transfer agreement. Each signatory declares that he/she holds the
necessary representation powers
Article 1 – Transfer of the rights
The photographs distributed by FOLLMISHOP are not royalty-free and
their ownership is not sold by FOLLMISHOP. Only the reproduction,
representation and exhibition rights are transferred. The transfer
price is assessed in accordance with the use on the basis of a price
scale taking into account the type of the project and the reproduction
format.
FOLLMISHOP makes the photographs from its documentary fund available
to the customer. These general conditions apply to the digital documents
downloaded, those ordered on CD-Rom, and to orders of physical documents
(Ektachromes or prints)
Unless otherwise agreed to in writing by FOLLMISHOP, the transfer
of the reproduction, representation and exhibition rights is only
granted, on a non-exclusive basis, for one use or publication in one
language only, in one country, for one purpose regardless of the format
and for a limited period. Exclusivity may only result from a written
agreement from FOLLMISHOP and will lead to a separate distinctive
invoice, not based on the usual scale.
All reprints, new publications or transfers to another format or to
a database of the digital or physical documents are forbidden, unless
agreed to previously by FOLLMISHOP. The customer is strictly forbidden
from transferring or lending the images belonging to FOLLMISHOP's
documentary fund to another person
Article 2 – Copyright and image rights
All photographs or reports are considered as a creation, protected
by the French and international laws regarding intellectual property.
Photography work in particular is subject to law no.57.298 of 11th
March 1957, the Code of Intellectual Property enacted by law no.92.597
of 1st July 1992, the European Directive CD 93/98/EEC and to personal
privacy rights and image rights. Any reproduction of a photograph
belonging to FOLLMISHOP, without the latterís specific and
prior consent, is an infringement as regards the law, and will lead
to criminal and civil penalties.
As FOLLMISHOP only transfers to the customer the representation and
exhibition rights of its photographs, the latter is responsible for
ensuring that he/she has the creatorís or designerís
consent on the object represented. Only the customer is responsible
for the use of any image provided by FOLLMISHOP. Failure for the customer
to respect the copyright, image rights, personal privacy rights, and
third-party rights may lead to the customer bearing all consequences
of the same, and the customer hereby undertakes to relieve and guarantee
FOLLMISHOP for any sentence that may be pronounced against it, in
this respect.
All reproductions and/or representations must include a "signature"
indicating the name of the photographer, the name of the architect
in the case of a building represented and that of FOLLMISHOP. In the
case of omission, the reproduction and/or representation and/or exhibition
fees corresponding to the reference scale in France or to the transfer
price indicated by FOLLMISHOP, will be automatically doubled, as decided
by mutual consent.
Article 3 - Research and communication of the images
In the case of communication by FOLLMISHOP of an original photograph
to the editor, any loss or damage will be compensated for, independently
from the reproduction fee that the editor undertakes to pay upon simple
invoice and will be assessed in accordance with the value of the photograph.
Article 4 - Proof of publication
The customer undertakes to send FOLLMISHOP full publication proof,
thirty days at the latest after communication to the public, or to
send an order form when no proof can be supplied (publicity, documentary
film …) from which FOLLMISHOP will draw up an invoice of the
non-exclusive reproduction and/or representation and/or exhibition
rights, according to the scale on the day of sending the publication.
Article 5 – Settlements and penalties
The invoices are payable thirty days after the end of the month of
the invoice, unless otherwise indicated on the invoice.
Should the customer not regularly respect his/her payment obligations
and after formal notice remaining unanswered after a maximum period
of eight days, FOLLMISHOP reserves the right to suspend all access
to the website and the supply of images to the customer, without the
latter being entitled to claim any compensation whatsoever. In all
cases of failure to pay, the procedural costs, expenses and fees incurred
by FOLLMISHOP for collecting the payment of its services will be claimed
in accordance with the terms of article 700 of the New French Book
of Collective Procedures. Unless previously accepted by FOLLMISHOP,
the parties specifically agree that failure to pay an invoice on its
due-date will lead, ipso jure, regardless of the payment means, to
the application of a minimum interest at 1.5 times the legal rate
fixed by decree on 1st January of each year. FOLLMISHOP may invoice
to the customer any expenses incurred by it in relation to unpaid
invoices.
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