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Legal information of the agency Media for Medical
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This translation of our Legal information in English is only a complimentary translation and this is not a legal document.
In the event of a contradiction between the original version of the Legal information in French and its translation into English, the French version shall prevail.
Preamble
A Photography is defined as « Any document reproducing an image on an analogical or digital medium or any other medium based on the evolution of the technique »

A Licence defines « the scope of a Photography grant right »

The Agency is referring to the company Media for Medical, French photo agency RCS ORLEANS B 531 919 819 - N° agessa 135545.

The Website is referring to the website of the Agency.

The Credit is the monetary unit used on the website.

A User is defined as « Any person wishing to use of one or various Photographies possessed and/or distributed by the Agency »

The series of the notions defined above apply to the following documents :
 « Media for Medical confidentiality policy »
 « Credit purchase agreement »
 « General conditions of sale and use of the Photographies »

The series of the documents named above apply and must be accepted without reserve by any person consulting the website and by any User.
Any utilisation of Photographies not respecting the legal information is unlawful.
Any clause contrary to the conditions listed in the preamble and in the documents stated above are reputed unwritten.
Media for Medical confidentiality policy
The website has been declared with the CNIL (declaration number : 1511774 declaration date : 03/06/2011).
Information collected
Only non personal data and data not enabling to identify you are collected without your consent on the Website.
These data can be stored temporarily for statistical purpose ; They are used to detect the flaws of our collection and to improve the accessibility of our Website.
When you register yourself on the Website or when you purchase online, we can register personal information that you have transmitted us voluntarily by filling out the forms of registration and online purchase.
During the phase of online payment via the website Payplug (Company : Lemon Way RCS BOBIGNY 500 486 915), your name, firstname and email address are transmitted to this third party ; these information are compulsory to initiate the online payment.
You have a statutory right to access, modify, correct or erase data that concern you (article 34 of the Computing and Liberties law).
To exercise it, please send your request by registered letter to the Agency : Media for Medical 10 rue du Dr Wilbert 45210 Fontenay sur Loing France.
Cookies
« Cookies » are small text files transferred from a server to your computer to be stored.
Cookies of the Website enable to keep your navigation profile during future visits (number of images per page, historic of search...).
The policy of confidentiality only covers the Cookies used by the Website and not the Cookies used by third parties.
You have the possibility to accept or refuse the use of Cookies on your computer. If you refuse the Cookies, the Website will be inaccessible.
Third parties
The Agency uses third parties such as Paypal or Payplug for the treatment of purchases made on the Website. The Website can also contain links towards other websites. During phases of online payment or by clicking on the links towards other websites, you leave the Website and the Agency is no longer responsible of the content or the security of your personal information. You must consult the policy of confidentiality of the websites tiers that will apply in this case.
Credit purchase agreement
The Credits
The Licences enabling to use the images of the Website are bought with Credits.
The value of a Credit is indicated on all the pages of the Website ; The Agency reserves the right to modify this value at any moment.
Your credits expire if you do not use at least one credit within the 365 days following your last purchase of credits.
The Credits bought on the Website are only usable on the Website ; You can not resell these Credits, only the Agency authorized to do so.
Various Credits can be necessary for the purchase of a Licence on the Website.
Buying Credits
You must be registered on the Website to buy Credits.
You can buy Credits via online payment or by contacting the sales department of the Agency (acceptance of an image quote and issuance of an invoice).
The means of payment available are : Paypal, Credit cards supported by Paypal, Bank transfers or Checks.
Payments by check are only authorized in France and after acceptance of this mode of payment by the Agency.
Bank fees linked to your payment will be at your charge.
Whatever the mode of payment, you certify having provided with accuracy to the Agency all the mentions enabling to identify you and the User of the Licences that you buy (name and legal form for a company, family name for an individual, sector of activity of the User, invoicing address).
The minimum purchase amount without VAT is 10 euros.
At the moment of an online purchase an invoice is automatically generated ; The invoices are available for consultation via the menu My account/My invoices.
If you are a European company (outside France) and that you have an intracommunautary VAT number, you must indicate it at the time of your purchase.
Cancellation
Only the bought and not used Credits can be eligible for a refund ; The amount of the refund will be calculated functions of the value of the Credit at the time of the purchase.
In case of cancellation of Credits purchase after the issuance of the invoice, you will be liable for a lump sum calculated as follows :
- if cancellation occurs within 30 days from issuance of the invoice : 10% of the amount of the refund.
- if cancellation occurs beyond the 30th day and within the 60 days from issuance of the invoice : 50% of the amount of the refund.
- if cancellation occurs beyond the 60th day : 100% of the amount of the refund.
General conditions of sale and use of the Photographies
The Photographies can not be sold but ceded for a temporary right use defined by the ceded Licence.
The Photographies are the property of their authors or heirs.
The Photographies are distributed under two Licences : « Right managed », « Royalty free »
Common provisions
1. Acquisition and exploitation of the Photographies.
Apart from the purchase of an appropriate Licence, the use of the Photographies available on the Website is forbidden.
The use of Photographies, without a prior purchase of Licence, and only in the framework of mock-up or preliminary works for strictly internal use, is tolerated.
In this particular case, the Photographies must be destroyed after internal use, and at the latest within a period of 30 days maximum.
Whatever the mode of obtention of the Photographies, the User commits to inform the Agency before any use of the Photographies.
The agency may not be liable of a use for which it would not have been informed of.
2. Mandatory mentions
The signature of each Photography is a legal mention, regardless of the form, importance or the confidential nature of the use thereof.
As a consequence, the accurate and complete mention of the name of the author, and name of the Agency must appear legibly, on or next to each use of Photography.
As a rule the name of the author and name of the Agency are present in the metadata accompanying the digital file (IPTC fields and/or metadata of the Website). If it is not the case, you must ask for them to the Agency.
In absence of legible legal mentions, on or next to, each use of Photography, the Agency can ask the payment of an amount representing two times the amount of the initial rights.
3. Absence of exclusivity
The Licences granted do not allow to use the Photographies with an exclusivity.
The exclusivity can only be granted exceptionally by the Agency to a User.
This exclusivity shall entail a written agreement between the Agency and the User. It will lead, in this case, to an increase of the standard price for the exclusivity.
4. Payment of the rights
The payment of the rights, that is the purchase of Licence, is made with Credits previously bought on the Website or via the Agency.
The use of a Photography in absence of payment of rights to the Agency will constitute a counterfeiting.
5. Modification of the Photographies
Any alteration of any nature, or technical process whatsoever, is prohibited, except prior written consent of the Agency.
In case of priot written consent, the User commits upon first demand to justify the modifications undertaken. Non compliance with this prohibition or prior authorization shall constitute infringement and give rise to damages.
6. State of the images
The User must verify the state of the Photographies obtained to locate the possible defaults (deteriorated or damaged file) before any use.
The Agency shall not be liable for any loss or damage suffered by the User or by a third party, resulting directly or indirectly from a default supposed or real of the Photography and/or metadata accompanying the Photography.

The Photographies available on the Website are digital files in JPG format (color profile Adobe RGB 1998).
All the Photographies are not available in high resolution. The maximum resolution of a Photography is indicated in the metadata visible on the Website.

To facilitate the search of the Users, the Agency has classified the Photographies into five categories :

Format of the Photography Web 500 Kb Web 1 Mb A5 A4 A3
Largest dimension of the Photography Between 500 and 800 pixels Between 800 and 2500 pixels Between 2500 and 3600 pixels Between 3600 and 4800 pixels Superior to 4800 pixels


The format of each Photography is also indicated in the metadata visible on the Website. If the latter was not mentioned, the maximum format to take into account would be the Web format.
As a consequence, the User must inform himself by consulting the Website or, if necessary, by contacting the Agency, about the adequacy between the maximum resolution available on the Website and the use he will make with the Photography.
The Agency could not be responsible for the lack of knowledge by the User of this measure.
7. Warranty and Responsibility
The Agency does not grant any other warranty as to merchantability, fitness for a particular purpose, the quality of the images or the compatibility with any computing material or equipment, operating system or software.
The Agency, its managers, employees, partners, assignors or agents shall not be held liable towards the User, neither any other physical or moral person, for indirect, indirect punitive or accessory damages that can result from the use of the User or incapacity to use the Photography.
Under no circumstances, the liability of the Agency will ever exceed the price of cession of the images concerned by the litigation, whatever the number of litigations or images used
Restrictions of use
The User must inform himself of the use restrictions that can exist by consulting the metadata of a Photography available on the Website or by contacting the Agency. The Agency commits towards the User, to make available on the Website or upon request, the use restrictions of which it would have knowledge. The User alone will be held responsible in case of non compliance, voluntary or not, of the restrictions linked to the Photography.
Third party rights
The Photographies are ceded without any warranty as to rights and obligations born from the use of the Photography and/or the incorporal rights linked to the represented goods.
As a consequence, the User, being solely responsible, must make sure that all the rights or necessary agreements have been obtained.
In the case of a representation of a person and if the Agency possesses an authorization, a copy of the latter will be provided upon request of the User. The Supply of this authorization does not constitute a warranty of the Agency as to the validity of this authorization.
8. Licences and sector of activity
The Credits bought by the User enable him to acquire Licences that can only be used only in the sector of activity associated with the profile of the User. The sector of activity of the User is filled out during the creation of his profile, that is at the moment of the registration on the Website or by registering with the sales department of the Agency.
Any User identified on the Website by a valid login and password acts for the account of the profile associated with this login and this password. The passwords are personal and confidential. The Users revealing their password to a third party act knowingly.
The freelance Users acting on behalf of companies will have to precise for each purchase of Credits the sector of activity of the company represented.
Scope of Licence use
The User acquires no right of property on the Photography, but exclusively the right to use under his sole responsibility.
The User must not substitute to the Agency that is he must not sell, licence or distribute Photographies possessed or distributed by the Agency.
The User can not build up databases containing the digital files of the Photographies possessed or distributed by the Agency.
The User must take notice of the scope of licence use that he associates to the Photography and accept it without reserve.
The authors have ceded their exploitation rights on the Photographies sold for any use « normally foreseeable » subject to the respect of the author's moral rightsand possible restrictions of use appearing in the Licences to which are subject the Photographies.
In the case of the creation of a derivated work, the creator of the original work is considered as owner of the author's rights.
In the case of a grant of right to a third party of a Photography from a derivated work, the third party is not authorized to use the Photography separately from the work.

If a Photography including a person or a property is used to illustrate an offensive, unflattering situation, or controversial matter, the User will have to precise that « the Photography is used for illustration purposes and that the persons represented are models, unrelated to the matter »
Any use for pornographic or defamatory purposes or any other unlawful use, is strictly prohibited.
Licence « Right Managed »
Definition
The Agency grants to the User, a cession of non-exclusive rights, non-sublicensable and non-transferable, to reproduce/represent the Photography for a single and unique use.
Mandatory supply of voucher copies
The User commits to providing complete and original vouchers copies (paper or electronic format) of each publication of the Photographies used and this at the latest 1 month after publication of the Photographies.
Duration of use
Without specific duration specified explicitly in writting by the Agency, the duration of use of the Photographies in the framework of the Licence « Right managed » is of 10 years.
In the case in which the Agency would be compelled independently of its will to withdraw a Photography still in use during the aforesaid duration of use, the Agency will propose in sofar as possible and without supplement a Photography close as replacement.
Re-use
Any new use of the Photography, whatever the medium or the process, must be covered by a new payment of the corresponding rights, that is the purchase of a new Licence.
Licence « Royalty Free »
Definition
The Agency grants to the User, non-exclusive, perpetual and worldwide rights, non-sublicensable and non-transferable, to reproduce/represent the Photography, an unlimited number of times, on the medium of its choice, for any use (except indications mentioned in the paragraphs Restrictions and Re-use below).
Restrictions
A Photography associated to « products » for which it is a significant part of the re-sale value of the product (post cards, calendars...) can not be used with a Royalty Free Licence.

The Photography can not be incorporated in a logo, a trade mark or service mark.

The number of users authorized to use the file is limited to 10 persons maximum.
If the use of the Photography exceeds 10 persons, the Agency reserves the right to invoice additional Licence fees.
Duration of use
Without specific duration specified explicitly in writting by the Agency, the duration of use of the Photographies in the framework of the Licence « Royalty Free » is perpetual.
In the case in which the Agency would be compelled independently of its will to withdraw a Photography still in use during the aforesaid duration of use, the Agency will propose in sofar as possible and without supplement a Photography close as replacement.
Re-use
Any new use of the Photography can not be covered by a new payment of the corresponding rights, only if its use is made within the same project and by the same company that the one defined at the moment of the initial payment.
Specificity of certain collections
It is precised on the Website when a Photography belongs to a collection. The name of the collection is visible on the Internet page of the metadata of the Photography under the title Collection ; It is also mentionned in the Credit of the Photography.
The Photographies belonging to the collections below require the acceptation of special conditions of sale in addition to the legal information :
- MedicalRF Collection : click to consult the special conditions of sales for this collection.
- PantherMedia Collection : click to consult the special conditions of sales for this collection.
Destruction of the digital files after use
Except contrary agreement granted by writting, the User forces himself to destroy the downloaded digital files within 15 days after their use.
Cancellation
The Credits used to download a Photography are due as soon as it is downloaded.
No cancellation is possible after the download or remise of the Photography.
Penal clause
Any use of the Photography disregarding the legal information shall give rise to the payment of a penal clause representing five times the amount of the initial rights without prejudice of possible damages.
Law and juridiction applicable
In case of litigation between The Agency and the User, French law alone will be applicable. The French law will be applied in priority by the courts of the head office of the Agency or, by default, by the courts of Paris.
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