LEGAL NOTICE
Consultation of the site http://jcs-photography.wix.com/jcs-photography hereinafter referred to as "jcs-photography.fr"
implies the unreserved acceptance of these terms of use.
jcs-photography.fr Terms of Use
Copyright :
All the elements constituting jcs-photography.fr (texts, graphics, software, photographs, images, plans, names, logos, brands, creations and various protectable works, databases, etc.) as well as the site itself, fall under French and international legislation on copyright and intellectual property.
These elements are the exclusive property of JCS-PHOTOGRAPHY, except for the elements produced by parties outside jcs-photography.fr who have retained their copyrights.
Article L 122-4. of the Intellectual Property Code
Any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
Article L122-5. of the Intellectual Property Code
When the work has been disclosed, the author cannot prohibit:
1. Private and free performances performed exclusively within a family circle.
2. Copies or reproductions strictly reserved for the private use of the copyist and not intended for collective use, with the exception of copies of works of art intended to be used for purposes identical to those for which the original work has been created and copies of software other than the backup copy established under the conditions provided for in II of Article L. 122-6-1 as well as copies or reproductions of an electronic database.
3. Provided that the name of the author and the source are clearly indicated:
a) Analyzes and short quotations justified by the critical, polemical, educational, scientific or informative nature of the work in which they are incorporated.
b) Press reviews.
c) The dissemination, even in full, by means of the press or television, as current information, of speeches intended for the public delivered in political, administrative, judicial or academic assemblies, as well as in public meetings of political order and official ceremonies.
d) Reproductions, in whole or in part, of graphic or plastic works of art intended to appear in the catalog of a judicial sale carried out in France for the copies made available to the public before the sale for the sole purpose of describing the works of art for sale.
A Conseil d'Etat decree sets the characteristics of the documents and the conditions for their distribution.
4. Parody, pastiche and caricature, taking into account the laws of the genre.
5. The acts necessary to access the content of an electronic database for the needs and within the limits of the use provided for by contract.
Consequently, the user of jcs-photography.fr agrees not to:
- use or query jcs-photographyr.fr on behalf of or for the benefit of others.
- reproduce in number, for commercial purposes or not, information or classified ads present on jcs-photography.fr.
- integrate all or part of the content of jcs-photography.fr into a third party site, for commercial purposes or not.
- copy the information on media of any kind making it possible to reconstitute all or part of the original files.
The establishment of hypertext links from a third party site to jcs-photography.fr requires the prior agreement of JCS-PHOTOGRAPHY.
Any use not expressly authorized of elements of jcs-photography.fr entails a violation of copyright and constitutes an infringement. It may also lead to a violation of image rights, personal rights or any other rights and regulations in force. It can therefore engage the civil and/or criminal liability of its author. JCS-PHOTOGRAPHY reserves the possibility of seizing all legal remedies against persons who have not respected this prohibition.
Protection of personal data :
In accordance with the law n ° 78-17 of January 6, 1978, known as “Informatique et libertés”, jcs-photography.fr has been declared to the National Commission for Computing and Freedoms (CNIL) .
In accordance with article 27 of the law n°78-17 of January 6, 1978, you have at any time a right of access and rectification of the data concerning you. This right can be exercised by post or e-mail to JCS-PHOTOGRAPHY at the following address:
JCS-PHOTOGRAPHY
Jean-Christophe Schwebel
68700 STEINBACH - FRANCE
TEL: 06 32 58 96 70
JCS-PHOTOGRAPHY is the owner of this database within the meaning of article L 342-1 of the Intellectual Property Code. Any extraction or use of the content of the database not expressly authorized may engage the civil and/or criminal liability of its author. JCS-PHOTOGRAPHY reserves the possibility of seizing all legal remedies against persons who have not respected this prohibition.
Responsibilities:
JCS-PHOTOGRAPHY declines all responsibility:
- In case of interruption of jcs-photography.fr for technical maintenance operations or updating of published information.
- In the event of temporary inability to access jcs-photography.fr (and/or sites linked to it) due to technical problems, whatever their origin and provenance.
- In the event of direct or indirect damage caused to the user, whatever its nature, resulting from the content, access or use of jcs-photography.fr (and/or the sites linked to it are linked).
-In case of abnormal use or illicit exploitation of jcs-photography.fr. The user of jcs-photography.fr is then solely responsible for damages caused to third parties and the consequences of claims or actions that may result. The user also waives the right to exercise any recourse against JCS-PHOTOGRAPHY in the event of proceedings instituted by a third party against him as a result of the use and/or illicit exploitation of the site.
General conditions of sale: de jcs-photography.fr
1. ACCEPTANCE & COMMITMENT
The object of the order consists of the purchase by the client, hereinafter referred to as "Client", of services, services and products offered and produced by JCS Photography, hereinafter referred to as "The Photographer". These services are defined in each quote or proposal from the photographer. A signed quote is equivalent to an order form. Any subscription of a purchase order by the customer implies the unreserved acceptance of these general conditions of sale as well as the prices in force. The photographer reserves the right to modify its T&Cs at any time, in particular in order to comply with changes in legislation and this subject to informing customers one week before the application of the new prices. Subscription to a purchase order or estimate must be given in writing. In the event of a simple order by telephone or e-mail, and in the absence of any written confirmation, the client cannot demand any service from the photographer. The signing of the purchase order or an estimate constitutes the contract between the two parties. The agreement is deemed firm and final. All orders are executed under the conditions and prices in force on the day of signature of the said purchase order.
2. TERMS PERFORMANCE OF THE SERVICE
The photographer has an obligation of means in relation to the service provided to his client. Under no circumstances does the photographer have an obligation of result vis-à-vis the client unless otherwise agreed in writing between the two parties. The photographer undertakes to carry out all the services as defined in the order form or estimate signed by the client. The client agrees to provide the photographer with all the elements and information required for the proper performance of the service, within the agreed time. Any delay due to the client causing the photographer to be late in carrying out the service cannot give rise to any compensation from the latter. The client undertakes to keep the photographer informed of any new element or information influencing the progress of the service as soon as possible.
2-1 WEDDINGS & CONTRACTS COVERING MEAL HOURS OR SEVERAL DAYS
The customer must provide, at his expense, as part of the services covering meal times (breakfast, lunch, dinner), a meal for each period of the day for the photographer. The same applies to any contract covering too great a distance or a service over several days requiring one or more nights in a hotel. It can also be agreed between the customer and the photographer of a package including meals and overnight stays as well as mileage costs, in addition to the said service. These additional costs are to be paid in advance to the photographer at the same time as the signing of the contract or estimate, and at the same time as the payment of the reservation deposit.
3. MODIFICATION & CANCELLATION
Any cancellation of an order, on the initiative of the customer, must be sent to the photographer in writing in the form of a registered letter with acknowledgment of receipt. The order cancellation request can only be accepted without compensation on the express condition of respecting a maximum period of 14 (fourteen) days after the signing of the order form. The photographer will then return the deposit paid at the time of the order, if necessary, without compensation. Any cancellation, to be admissible, must be reasoned and well founded. Exceeded this period, the deposit will be cashed and will remain so if a cancellation will take place for any reason whatsoever, and those as compensation for the photographer who has not been able to accept other contracts.
4. BILLING & PAYMENT
The customer is solely responsible for payment of orders under the conditions defined on the price list, even in the event of the intervention of an agent. The prices are expressed all taxes included in euros (€) including tax. VAT at 20% based on the rates in effect on the day the order is signed. So that the order is accepted, a deposit in the amount of 40 (forty) % is requested when it is signed in order to be validated. Without a deposit, no order can be taken into account. The balance is to be paid to the photographer at least 2 (two) weeks before the said date of execution of the contract. Failing this, in accordance with the law of July 23, 2010, a late payment penalty may be applied, the rate of which may not be less than three times the legal interest rate in force.
5. LIABILITY
The customer has ensured the necessary rights to literary and artistic property, image rights in all its forms, intellectual or industrial property or any other rights required for the performance of the services ordered. The photographer reserves the right to interrupt an order from the moment he becomes aware of the contrary nature of a support or a service to the laws and rules in force. The responsibility of the photographer can not be engaged if there is a fortuitous event or a case of force majeure such as flooding, total or partial strike, black-out, interruption in the supply of raw materials and any other events of sufficient gravity. to disrupt the normal functioning of society.
6. OWNERSHIP & REPRODUCTION
The documents, products or supplies provided by the customer will be returned to him after delivery of the service at his express request. Failing this, after a period of three months after delivery of the order, the photographer declines all responsibility and authorizes himself to proceed with their destruction. The photographer remains the sole owner of the reproduction rights of the sources and media created. Any request by the customer to acquire the reproduction rights or the sources of the media that he has ordered will be subject to separate remuneration if it is not included in the order form. The photographer remains the owner of the services or goods sold until full payment of the sums due. In the event of non-payment of these sums by the client, the photographer may demand the return of all the services or goods sold.
7. USE OF PHOTOGRAPHS
The photographs taken by the photographer (all formats and all media combined) remain the full and entire property of their author, except for a contract or express agreement granted in support of a written and signed document and a regulation. Thus, any assignment, retrocession, rental and any loan to a third party of photographs or derivative documents (cd, file, etc.) for payment or free of charge, are prohibited without the photographer's agreement. As soon as the customer buys a royalty-free photo, this means that he has the right to use these images without having to pay reproduction rights. He can use them at any time and on any any support, as often as he wishes, at no additional cost. However, any use of the images for purposes that could prove to be defamatory or outrageous is prohibited, as well as any illegal use for any reason whatsoever. The photographer declines all responsibility in the use that may be made of these images.
8. DATA PROTECTION & PRIVACY
All personal data obtained will be treated confidentially. In case of confidentiality, the data required for the commercial transactions will be stored and only transmitted to the suppliers who contribute to the realization of the services within the framework of the processing of the orders. In accordance with Law 78-17 of January 6, 1978, the customer may, by simple written request to JCS Photography, 2 rue de la Rivière 68700 Steinbach, have a right of access, rectification, modification and withdrawal of information on regarding.
9. DELIVERY
The delivery times indicated by the photographer are given as an indication. Failure to respect the deadline cannot result in the cancellation of the order or compensation. All late penalty clauses included by the customer remain without effect. The photographer can carry out the transport of the goods by the carrier of his choice. The work will be delivered by hand as far as possible or delivered to the address given when ordering. Any overruns of delivery times cannot give rise to damages, deductions or the cancellation of orders in progress. Are considered as cases of force majeure, for the photographer, releasing him from his obligation to deliver: wars, riots, fires, strikes, accidents, serious illnesses * The goods always transit at the risk and peril of the recipient. In the event of a problem with the delivery, it is proposed to the customer to inform the photographer as soon as possible so that a solution is proposed in the interest of all.
10. RIGHT OF PUBLICITY CITATION
Unless otherwise stated by the client notified in writing, the photographer reserves the right to mention his work for the client company as a reference in the context of his publications or his website or even during commercial procedures. The customer authorizes the photographer to use the said realization within the limits of confidentiality determined beforehand on the support of his choice.
11. PENALTY CLAUSE
If the customer's failure leads to contentious or judicial recovery, the latter undertakes in advance to pay, in addition to the principal sum, interest, costs and expenses, a lump sum indemnity fixed at 10% of the principal amount of the debt as damages and interests.
12. COMPLAINTS AND DISPUTES
Any claim must, under penalty of inadmissibility, be notified by registered letter with acknowledgment of receipt and within ten days of the date of receipt of the services provided by the photographer. Any claim relating to the commercial impact, the graphic or editorial environment of the service cannot be taken into account. In the event that any of the stipulations of these GCS were held to be null or without object, it will be deemed unwritten and will not result in the nullity of the other stipulations. Any dispute or litigation that may arise from the interpretation and/or execution of these GCS and more generally from the formation and execution of advertising orders will be brought before the courts recognized as having sole jurisdiction. Only French legislation is applicable.
