When contracting with RAPSODIA PRODUCTIONS, the customer declares that he accepts and abides by our General Terms of Sale . 1/ WARNING Any use that may be prejudicial to RAPSODIA PRODUCTIONS, the author or third parties represented is prohibited. 2/ WARRANTY RAPSODIA PRODUCTIONS guarantees the beneficiary of the licence for use according to :
3/ LICENCE BENEFICIARY The Beneficiary of the licence for use granted by RAPSODIA PRODUCTIONS designates the individual, legal entity or agent who signs purchase of author's rights, or any employee or service provider of that person or entity or that agent who publishes, handles or modifies the images, or takes part directly in the process of creation. 4/ CONDITIONS FOR TRANSFER OF RIGHTS OF USE The transfer of author's rights is effective only provided the 3 following conditions are met :
5/ LOAN OF DOCUMENTS FOR USE AS A MODEL – RESPONSIBILITY Documents, photographs and data-processing media communicated are fully owned by RAPSODIA PRODUCTIONS and must be returned within the agreed times and in perfect condition. Any document, photographs or data-processing medium that cannot be returned due to loss or theft or that is damaged will be covered by compensation whose value may be stated on the contract slip or delivery order. However, where by mutual agreement the document or photograph can be restored by its author, it will be invoiced to the customer in accordance with the reporting pricing scales with production expenses added. The Beneficiary alone is responsible with respect to RAPSODIA PRODUCTIONS for any loss or damage attributable to third parties (carrier, postal services, photoengraver, printer, etc.) to whom he has entrusted the said documents and media. No limitation or exclusion of responsibility can be upheld against RAPSODIA PRODUCTIONS. On return of the documents, slides shall be kept in their original mask or the original mask restored with each photograph, and prints and data-processing media returned in original condition. 6/ BILLING AND MISCELLANEOUS EXPENSES Our Invoices are payable cash, net without discount, except by express agreement. In the event of settlement after the date shown on the invoice, a penalty of 1.5 times the legal rate of interest shall apply. Applicable VAT is 7% for the author's rights and 19.6% for technical expenses and service provisions. For customers in France only: The Beneficiary must pay directly a publisher's contribution to AGESSA (Association pour la Gestion de la Sécurité Sociale des Auteurs ) . The amount for the contribution is equivalent to 1% of the total gross amount paid to the authors covered by this system and will be specified on the invoice. Each reproduction, representation or use that does not conform and/or is illicit shall give entitlement to action against infringement as well as a minimum contractual compensation equal to 5 times the base of a first corresponding isolated use. The absence of the photo credit or its nonconformity shall give entitlement to a minimum contractual compensation of 100% of the planned use. If the Beneficiary asks in writing to cancel the licence within 30 days following the date of delivery of the images and if these images have not been used by the Beneficiary, RAPSODIA PRODUCTIONS may cancel the licence agreement and carry forward a credit to the Beneficiary's account, by an amount equivalent to the rights of transfer. Cancellation may not apply to research, laboratory, service and administration expenses. Such expenses must be settled in accordance with the terms and conditions shown on the Invoice and are not refundable. If the request for cancellation is made within a period of more than 30 days, the Invoice shall remain due in full. In addition to the royalties and operating fees, RAPSODIA PRODUCTIONS is entitled to invoice the following expenses :
7/ PROPERTY OF DOCUMENTS AND RIGHTS. EXCLUSIVENESS The images are the property of their authors or rightful owners. No right of ownership or author's right relating to the images is transferred to the Beneficiary. The images can only be the object of a loan and/or transfer of rights of use. Unless otherwise specified in the Invoice, RAPSODIA PRODUCTIONS grants to the Beneficiary a non-exclusive right, not liable to sub-transfer of rights and non-transferable for reproduction of the images mentioned in the Invoice, within the limits set by the present General Terms of Sale. Where the Beneficiary requests exclusiveness, and where this is possible, such exclusiveness will be subject to an additional agreement stating the duration, geographical area, branch of industry and media together with an increase on the negotiated royalties. In the event of litigation for infringement and/or illicit use, RAPSODIA PRODUCTIONS reserves the right to take direct legal action against the applicant and/or any intermediate third party and/or the user, and if necessary, order any necessary seizures. 8/ RESPONSIBILITIES The wording of the name of the agency and the photographer shall appear opposite each reproduction. The absence of signature, erroneous signature or an unidentifiable grouped signature, shall lead by document to the settlement of compensation at least equal to the amount of the royalties invoiced. Documentary proof of publication shall be sent to us within the month following the date of use. Any failure to send documentary proof shall be covered by compensation at least equal to the amount of the royalties invoiced. RAPSODIA PRODUCTIONS in no event guarantees the exactness of information contained in the legends that may be communicated with the images. RAPSODIA PRODUCTIONS does not grant the Beneficiary any right or guarantee as to the use of names, persons, goods, trademarks, commercial names, designs either registered or not registered, or covered by copyright, or works of art or architecture eventually presents in the images. When the images do not benefit from an authorisation to use (notably photographs of crowds, life scenes in situation of report, works of art, architecture, private goods and properties), any decision relating to the need to obtain authorisation for any project to use such images shall be the sole responsibility of the Beneficiary. The Beneficiary alone shall be responsible for the settlement of any additional expenses required to obtain an authorisation. The use of images for pornographic or defamatory purposes, or any other illicit use, is strictly prohibited, whether related directly or indirectly (by context or juxtaposition) to a specific subject. The integration of whole or part of one of our images in a trade mark, service mark or logo is prohibited. If an image showing a model is used in a way liable to result in deducing from it that the model makes personal use of a product or service, or that they recommend it, or used in an unflattering situation or one that is offensive or subject to controversy, the Beneficiary shall be required to reproduce this type of utilisation accompanied by a statement specifying that the person in question is a model used solely for purposes of illustration. The Beneficiary has 30 days following delivery to detect possible defects in the material or manufacturing on the delivered products and obtain their exchange or refund. RAPSODIA PRODUCTIONS does not assume any other guarantee of whatever nature for whatever purpose relating to its products and services. RAPSODIA PRODUCTIONS may in no event be held responsible for any damage of whatever sort whether suffered by the Beneficiary or a third party (including but not limited to trading loss, interruption of activity, loss of data or any other commercial of brand image loss) and resulting directly or indirectly from the use or impossibility of using its products and services, even if RAPSODIA PRODUCTIONS has been warned of the possibility of such damage. In addition, the amounts that RAPSODIA PRODUCTIONS may be brought to pay the Beneficiary as compensation is expressly limited to the total of amounts actually received by RAPSODIA PRODUCTIONS from the Beneficiary in return for the right to use the contentious image. 9/ GENERAL AND SPECIAL CONDITIONS Any loan of a document, as well as any use or utilisation of an image is subject to full acceptance of the RAPSODIA PRODUCTIONS General Terms of Sale , of the licence agreement and special conditions featured on the Invoice, notwithstanding any clause and custom to the contrary that may possibly be shown on the Beneficiary's documents. 10/ LAW – ASSIGMENT OF JURISDICTION Use of RAPSODIA PRODUCTIONS images, products and services is governed by French law. Only the French version of this contract is an authentic version, even in the event of international use. In the event of dispute, only the Courts on which the registered office of RAPSODIA PRODUCTIONS depends shall be competent, notwithstanding plurality of defendants or introduction of third parties, even for emergency procedures or enforcement procedures, on summary procedure or on application. |