Terms and conditions of ISOWAY, Photo Agency
GENERAL TERMS AND CONDITIONS - 04/09/2020
The general terms and conditions apply to all services, offers, deliveries, transmissions and reproductions of works and documents marketed by ISOWAY, regardless of whether the transaction is online or offline.
In any event, the version published on the Internet will take precedence over the paper version and will be the only one taken into consideration. In the event of contradiction between the different language versions of the present terms and conditions, the French version of the text shall take precedence.
If you do not agree to these terms, please do not use the ISOWAY site.
1. DEFINITIONS
(a) document: work, original or derived, contained on any medium or dematerialized, digital or analog, in particular in the form of drawing(s), text(s), image(s), video(s) or film(s); (b) represented third parties: persons appearing on the documents and their assignees; (c) consignment : making documents available to the customer, for a fixed period of 15 days, unless otherwise expressly agreed in writing by the Company, and on agreed terms; (d) use of a document: reproduction or communication of the document in the sense defined by copyright legislation; (e) Company: ISOWAY SRL.
2. REGULATIONS
These terms and conditions are governed by French law and international copyright treaties.
3. APPLICATION
These general terms and conditions govern all relations between the Company and the customer from the moment of communication of these general terms and conditions or access to the Company's website.
Any clause accompanying an order made to the Company, which would be in opposition or which would add a new element to the present general terms and conditions of sale is not accepted by the Company, except with the prior, express and written agreement of an officer of the Company.
4. COPYRIGHT - SIGNATURE
Unless expressly agreed otherwise, only licenses to use the works are granted by the company.
The author or his successors in title and/or the company retain material and intellectual ownership of the documents, including moral rights. However, in the event that the medium is specifically invoiced and paid for to the company, the material ownership of the medium is transferred to the customer, the intellectual property rights, including the moral rights, of the work remaining with the author, or his successors in title, and/or the company. In this case, unless expressly agreed otherwise in writing, the customer's right to exhibit the work is also excluded.
The name of the author and of the company must appear prominently on any reproduction, representation or distribution of the documents.
Documents for which only a license of use has been granted must be returned to the company after use. The customer undertakes to destroy any copy, digital or analog, of the document made outside the scope of the consignment.
5. TRANSMISSION
The license granted to the customer is personal and non-transferable. Under no circumstances may the Company's documents be transferred to or used by third parties without the Company's express prior written authorization.
The customer will be held responsible for any use not authorized by the license.
6. LICENSES, ASSIGNMENT OF RIGHTS, RATES AND JUSTIFICATION
Delivery or possession of a document does not imply or presume the assignment or licensing of rights. Documents may only be reproduced or used with the prior consent of the Company.
The license to use a document is strictly limited to that which has been agreed (type of use, audience, format, duration, territory, medium, etc.). The license to use a document in no way implies tacit authorization to proceed with subsequent use. In the event of re-use of the document in breach of the present article, or of article 4 paragraph 3 of the present general terms and conditions, the customer may under no circumstances avail himself of the guarantee granted by the Company in article 8 of the present general terms and conditions.
Licensing and assignment rates and scales are established in writing (including by e-mail or fax) or by telephone, for information only, and are subject to change without notice, even during the course of the transaction, due in particular to fluctuations in exchange rates or a change in relation to the use declared at the time of consignment.
The customer undertakes to provide, within one month of the invoice date, a copy of the supporting evidence of the agreed uses for the Company's examination of their compliance with the license conditions.
7. EXCLUSIVITY - EXCEPTIONAL PHOTOGRAPHS
A user license is never granted on an exclusive basis. Where exclusivity is possible, in any form whatsoever, it must be the subject of a supplementary express written agreement, as well as the payment of exclusivity fees distinct from the basic fees.
8. GUARANTEE
a) Documents produced on the company's own initiative
The company guarantees that all persons represented on the documents have given their consent to the reproduction of the documents. However, this authorization is general and applies to the reproduction of the document in the context of general information articles and under normal conditions of use. Under no circumstances is this general authorization by the company valid for use of the documents out of context, i.e. when they are used to illustrate something other than the event depicted in the image, or with a caption different from that shown on the document supplied by the company.
For any particular use, other than the illustration of general information articles, such as promotion, advertising, or when the document is used out of context, it is the customer's responsibility to obtain specific authorization, prior to publication, in writing and expressly from the third parties represented. In any event, prior delivery of the document by the company to the customer does not constitute specific authorization.
Notwithstanding general or specific authorization, it is the customer's responsibility to obtain specific authorization, prior to publication, in writing and expressly from the company or the third parties represented, when the document is intended to illustrate sensitive subjects such as private life, sexuality, religion, serious or minor delinquency, situations that may carry one or more stigmas, a profession subject to deontological rules, ..... For this authorization to be valid, the customer must also have provided the company with proof of the final layout, caption and illustrated text. In any event, the company's prior delivery of the document to the customer does not constitute specific authorization.
In all cases, the customer shall ensure that the persons represented are not identifiable (using the banner technique, pixels, etc.) when illustrating sensitive subjects, unless he has obtained specific, written and express authorization from the company or the third party represented to publish the documents as delivered by the company, prior to publication.
Notwithstanding general or specific authorization, and in view of customary practice in the field (context of the photo, etc.), it is the customer's responsibility to obtain, prior to publication, express written authorization from the third party, when the latter is a well-known personality (e.g. sportsman, actor, politician, etc.) and the photo is posed. In any event, the company's prior delivery of the document to the customer does not constitute specific authorization.
Insofar as it is not customary in the profession for the company to receive licenses of rights from the owners of the works represented (buildings, objects, artistic objects, logos, trademarks, etc.), the company guarantees the right to use the document containing the works represented only within the limits of the exceptions to the author's economic rights. It is therefore the customer's responsibility to check whether the intended use falls within these limits, and if not, to obtain authorization for use directly from the copyright holder. In any event, prior delivery of the document by the company to the customer does not constitute specific authorization.
Given the millions of images and documents sent to us by our suppliers and automatically published on our website, some captions may be incomplete or even erroneous. These texts or captions must therefore be checked by the customer before use. The accuracy of this information is not covered by our warranty.
b) Documents produced to order on behalf of the customer
The Customer represents and warrants that all data communicated to the Company by virtue of the performance of the Services ordered, and furthermore that the documents ordered from the Company :
- will not infringe the intellectual property rights of any third party
- will not infringe the publicity rights, image rights or privacy rights of any third party
- will not infringe any applicable law, statute, decree, ordinance or regulation.
It is the Customer's responsibility not to use the documents produced to order by the Company in the event that they nevertheless contravene the provisions set out above. In such a case, the customer will take all necessary steps to respect the anonymity of the persons concerned.
9. DEADLINE
Delivery times are given by the Company as an indication only. No delay will entitle the customer to any discount, compensation or cancellation.
10. UNAUTHORIZED USES
In the event of unauthorized, illicit use or use contrary to the rights of the Company (reproduction of documents for a use not authorized by the license, publication without visible mention of the name of the author and of the Company, unauthorized modification, etc.), the Company reserves the right to take legal action, notably for counterfeiting. Any unauthorized use will, in any event, result in the payment of a minimum indemnity of 200% of the license fees, with a minimum of 125 euros, without prejudice to the Company's right to establish greater damages.
11. INVOICING - PAYMENT - FACTOR
Invoices are payable by the due date indicated on the front of the invoice, at the company's registered office or at one of the bank accounts specifically mentioned on the invoice. From the due date, any sums remaining due will be automatically and without prior notice subject to late payment interest of 1% per month. In this case, the outstanding amount will automatically be increased by 20%, with a minimum of 65 euros, to cover the company's administrative costs.
12. CANCELLATION BY THE CUSTOMER
If the customer cancels the transaction or unilaterally decides not to use the licensed documents, he/she will in any event be required to pay a minimum of 50% of the applicable rates and/or the planned services (taking into account, in particular, the creative or other work already provided by the Company and any limitations on use that the Company may have implemented), without prejudice to the Company's right to demand the countervalue of all services already rendered or services already performed.
13. PUBLICATION AND ENTRY INTO FORCE OF THE GENERAL TERMS AND CONDITIONS
These terms and conditions are published on the Internet and communicated to the Company's customers.
They come into force on 04/09/2020 and replace the previous terms and conditions. The present terms and conditions remain in force until they are replaced.
As a professional, the customer is responsible for regularly updating the general terms and conditions by consulting the Company's website www.isoway.eu/conditions.
In any event, the version published on the Internet shall take precedence over the paper version and shall alone be taken into consideration. In the event of any contradiction between the different language versions of these general terms and conditions, the French version of the text shall take precedence.
14. USE OF THE SITE
Use of the site and images is at your own risk. The Company may, for technical adaptation purposes, modify the timetable and operation of the site, or even make it unavailable.
To the extent permitted by law, the Company shall in no event be liable for direct or indirect damages, whether foreseeable or not, based on claims such as delays, transmission problems, speed of transmission or access, unavailability of all or part of the images, deletion of images or files, errors, computer "bugs", alteration of images, whatever the basis of the claim.
In no case shall the total amount of liability incurred by the Company exceed the purchase price of the photographic print.
All complaints relating to the use of the site must be made within a maximum period of three months. After this period, they will become null and void.
15. INTELLECTUAL PROPERTY OF THE SITE
The website is the intellectual property of the Company. The website's IT developments are the intellectual property of the company that developed them. The documents used and represented on this site (texts, images, videos, illustrations, drawings, etc.) are all protected by copyright.
Any infringement or denial of an intellectual property right or any right relating to material belonging to ISOWAY may result in civil and/or criminal penalties, as well as an order to compensate all damages caused.
16. PRIVACY POLICY
Your privacy is important to us, and we want to be transparent about what data we collect, how we use it and what rights you have to control it. That's why we've revised our Privacy Statement.
We aim to fully meet the standards set by the General Data Protection Regulation (GDPR) that are applicable in the European Union.
We also extend these same conditions to users worldwide.
We respect your privacy.
We do not and will never sell your personal data to third parties.
Your data is scrupulously protected.
The purpose of collecting your data is twofold:
- To improve your browsing and search experience on our website.
- Protecting your data.
- Avoid identity theft.
The different categories of personal information we collect
The information you provide
We collect the information you provide us voluntarily (your first and last name, your company name, your telephone number and e-mail address, your business address, your language, your VAT number for example, your login on our website), in particular when you wish to find out more about our products and services.
Information we do not collect
We do not collect your password on our website.
We do not collect your credit card number.
Likewise, we do not collect any information related to your private life such as (religious beliefs, philosophical or political opinions, health, sexual preference, trade union affiliation, racial origin, etc.).
Information we collect automatically
We automatically collect information about you. This information is used to :
- Protecting your data.
- Avoid identity theft.
- Fraud detection and prevention.
- Make browsing and searching easier.
- Improving your browsing and search experience.
- Billing for products, services and copyrights that you download or purchase online.
This includes, for example, your IP address, the country of your IP address, the type of browser you are using, the type of operating system of the device used to connect to our database, searches carried out and products or services viewed, the date, downloads carried out.
Information for children
Our company does not target children under the age of 16. It is aimed at professionals rather than private individuals.
Some parts of our site are accessible to visitors of all ages.
We do not collect or solicit personal information from anyone under the age of 16 without their parent's consent. If, after notification by a parent or guardian, or by any other means, a child under the age of 16 has registered on our site using false information, we will cancel the child's account and delete the child's information from our systems.
Commercial or advertising operations
We use the data we collect to send and personalize our communications with you. For example, we may contact you by e-mail or by other means of electronic or telephone communication to inform you of new product or service offers.
We may also ask for your assistance or invite you to take part in a survey. This data processing is necessary and serves our legitimate interests.
Operations
The processing of your data is necessary and strictly serves our legitimate interests.
Sharing your personal information
Our company does not and will never sell the personal information of its customers or prospects. We will only disclose your information in accordance with this Privacy Statement. We may share information with the following types of third parties.
Independent contractors
Our company may use the services of various third-party contractors to provide services such as the management and hosting of its websites, online purchasing and shipping of its products, processing of credit card transactions and email communications.
We will only share your personal data where necessary, for example to complete a transaction or provide any product or service you have requested or authorized, and only with service providers or agents working on our behalf for the purposes described in this Statement. In such cases, your personal information will be shared with such agents or companies, but only for the purpose of providing services on behalf of and at the direction of our company and in accordance with this Statement. It is in our legitimate interest to share such information with these parties for these purposes.
Mandatory disclosure
When required by law and strictly necessary for the performance of our services or the protection of our rights, or the rights of our agents or users, we may disclose your personal information to authorities, investigative bodies, our affiliates or in connection with legal proceedings.
Sale or merger
We may share your personal information in the event of a merger or acquisition or in the event of the sale of all or part of our assets. We will, of course, notify you by email or by prominent notice on our website and inform you of your rights.
The legal basis for processing and using personal information
We use your personal information on several legal bases, namely :
Performance of a contract
The use of your personal information may be necessary for the performance of the contract we have concluded with you, in particular to: finalize the transaction of our products and services, register and manage your account, provide assistance.
The notion of legitimate interest
We process and may use your personal information in our legitimate interest. For example, the notion of legitimate interest serves as a basis for us to analyze and improve our products and services, as well as the content of our websites and application.
It is also on this basis that we send you notifications of updates or information about our products and services, or that we use your personal information for administrative, legal or fraud detection purposes.
Security, storage and retention of personal information
Security
We are committed to protecting the security of your personal information. However, while we take reasonable precautions to protect the personal information we collect, no security system is infallible.
We use a variety of appropriate technical and organizational measures and rely on industry standards to protect your information against loss, theft, misuse, unauthorized access, disclosure, alteration and destruction. For example, we store the personal data you provide on restricted-access computer systems located in controlled facilities.
In addition, we ensure that our third-party data center providers implement adequate security measures.
Some parts of your data are also protected by encryption, such as your password. This password cannot be retrieved (or divulged), not even by our company. If you lose or forget your password, it can only be reset.
You can access your account information and our website by using an individual login and password. To protect the confidentiality of your personal information, you must protect your password and not disclose it to anyone. If you believe that your password has been misused, please notify us immediately. We will never ask you for your password.
If, despite all the precautions taken to protect your personal data, we become aware of fraud, we will inform you as soon as possible.
Storage
Personal data collected may be stored and processed in our country, or in any other country where our company or its agents, subsidiaries or service providers are located or operate facilities. We implement adequate procedures to protect your personal information in the event of transfer abroad, in particular by adopting the standard contractual clauses approved by the European Commission.
Retention
We will retain some of your personal information for as long as we deem necessary to enable you to use our websites and our products and services, to provide our services to you, to comply with applicable laws (including document retention laws), to keep a record of transactions made on our website, to resolve disputes with any party and as otherwise necessary to carry out our business.
Your rights and choices
You can control how we use your personal information in the following ways:
- You can ask us for a copy of the personal information we hold about you.
- You may inform us of any changes to your personal information, or if you wish us to correct the information we hold about you.
- In certain circumstances, you may ask us to delete, block or restrict the information we hold about you, or object to the way in which we specifically use your personal information.
Where we use your personal information on the basis of your consent, you have the right to withdraw your consent at any time.
In addition, where we process your personal information on the basis of our legitimate interest or the public interest, you have the right to object to such use of your information at any time.
Please inform us of any changes or inaccuracies in your personal information.
We undertake to deal with your requests or any complaints as quickly as possible. You are also entitled to lodge a complaint with the data protection authority in your country or with the supervisory authority to which we are subject.
You can opt-out of receiving direct marketing communications by contacting us or by clicking on the unsubscribe link at the bottom of the email.
We will respect your decision and stop sending you promotional emails once we have received your unsubscription or changed your communication settings.
Connection indicators
n certain circumstances we use "cookies". This is a small file that is sent to your computer, tablet or smartphone when you visit our website.
These cookies remain on your computer until they expire or you delete them.
Some of these cookies are necessary, such as cookies, because they allow you to browse our website and use "lightboxes" or shopping baskets. They may be :
- Performance indicators.
- Functional indicators.
- Third-party witnesses.
- Analytics cookies (e.g. Google Analytics).
Most browsers allow you to control these cookies. However, should you decide to restrict access to cookies, access to certain services on our website may be limited.
In certain circumstances, and in particular when we communicate with you to inform you about our products and services, we may sometimes use 'web beacons' which allow us to know and understand whether our Emails are being displayed.
Changes to our privacy statement
This statement is published on our website. It may be amended from time to time to take account of changes in legislation, comments made to us and industry practices.
In the event of any amendment, a new statement will be published and we will indicate the date of the update.
We invite you to regularly consult the way in which we manage and protect your personal data.
Contact
If you have any questions, requests or concerns about the use and protection of your data, please contact contact@isoway.eu.
17. ADVERTISING - PROMOTION AND MARKETING
Unless otherwise agreed, the Customer and the Company agree that ISOWAY has the right to use the documents produced on behalf of the Customer and to advertise or promote the Company's activities.
This authorization is valid worldwide, for the duration of legal copyright protection, by all means and on all media (including but not limited to social networks and websites.
This authorization includes, among others, the right :
- to integrate and publish all or part of the documents in the Company's portfolio; the latter may be made available or published on any analog or digital medium and in any format
- to use the Customer's name, brand and biographical data for inclusion in the Customer's portfolio
- to carry out case studies concerning the success of an order placed by the Customer with the Company.
18. POSSIBLE NULLITY OF A CLAUSE
In the event that any clause or condition of these terms and conditions is held to be invalid or unenforceable, the remaining clauses of these terms and conditions shall remain valid and enforceable between the parties.
19. USE OF OUR TRADEMARK
ISOWAY is a protected trademark. Its use, as well as that of its logo(s), is subject to prior written authorization from an officer of the Company.
20. LIABILITY FOR HYPERTEXT LINKS
The hypertext links set up within the framework of the present Website to other resources on the Internet do not incur the liability of the Company.
21. DISPUTES
In order to be taken into account, any complaint must reach the Company by registered letter within eight days of the date of the dispatch note if the Company has issued one, or otherwise within eight days of the invoice date.
In the event of a dispute, the courts of the jurisdiction of the Company's registered office shall have sole jurisdiction.