The present usage conditions settle the license agreement concluded between you, the « Holder of License » or « user » and Marouka Collart operating under the brand name « rallyandracephotos.com » relating to the use of the Contents under license available on the website www.rallyandracephotos.com (the Site).
The validation of your order automatically implies that you took note of this license and that you accept the entirety of the terms and conditions.
The present conditions apply to the use, which you will make of the Contents under license your order relates to and this, according to your needs and your choice of license A, B or C (better definite during the ordering) and the present conditions) do not modify the provisions of possible other agreements concluded with Marouka Collart and its assignees, if necessary.
The Holder of license does not have the right (+ see choice of license A, B or C):
The patent license granted to the Holder of license is never exclusive.
If rallyandracephotos.com and the Holder of license plan to conclude a license on a purely exclusive basis, this one will be the subject of a complementary agreement, expressly written and signed by two parts.
The agreement signed by rallyandracephotos.com and the Holder of licensed will allow the payment of rate of exclusiveness different from the basic rates.
Under no circumstances, the Holder of license is authorized to make over the Contents under license to third party or to authorize third party to use the Contents under license, without expressly written prior approval of rallyandracephotos.com.
The license granted to the Holder of license is personal and non-transferable. Under no circumstances, the Holder of license is authorized to make over to third party the rights on the Contents under license won in accordance with the present license. rallyandracephotos.com will be able, with its total discretion and without consulting the user, to control as often as it wishes, all that you download on the site, to hold an inquiry of any fraudulent use. rallyandracephotos.com will be able to suspend or to cancel your account, without notice and this, if it considers that there is a violation of this contract and/or a fraudulent use.
The Holder of license does not have any others intellectual property rights than those, which are conferred to him by this agreement.
However, if the support is specifically invoiced and paid to rallyandracephotos.com, the material property of the support is transferred to the Holder of license.
If applicable, the intellectual property rights including the moral rights relating to works remain vested to the author or his assignees and/or to rallyandracephotos.com.
The identification of the site « ©photo: rallyandracephotos.com » must be reproduced in a visible way on any reproduction, representation or diffusion of the Contents under license. Failing this, rallyandracephotos.com reserves the right to claim an allowance equal to the amount due for the license relative to each contents under license, with a minimum of 130 Euros.
As a matter of principe, rallyandracephotos.com received the agreement of all persons whose image is represented in the Contents under license so that their image is represented in the Contents under license.
However, this authorization does not cover all uses that the Holder of license could be made of image of others persons.
It is up to Holder of license to approach rallyandracephotos.com for any use of contents under license representing an identifiable individual person.
It is not a common practice in the profession that rallyandracephotos.com receives the licenses of rights from the holders of rights of represented works (buildings, objects, artistic objects, logos, marks, etc…).
rallyandracephotos.com guarantees the right to use the Contents under license of represented works only within the limits of the exceptions to the author’s property rights.
Thus, it is up to the Holder of license ti check if the envisaged use is within these limits. If the opposite occur, it is up to the Holder to obtain the authorization of use directly near the holder of the author’s rights. In any case, the prior handling-over by rallyandracephotos.com Company of the contents under license to the Holder of license does not bring a particular authorization.
As a matter of principale, rallyandracephotos.com has the right to reproduce the characteristics (marks, etc…) occasionally appearing in the Contents under license.
However, this right does not cover all the uses that could be made of by the Holder of license.
It is to the Holder of license to approach rallyandracephotos.com for any use of Contents under license in which is represented mark belonging to a third party.
The prices indicated by rallyandracephotos.com, in writing or by telephone, are it as an indication.
The invoices are payable within the time indicated at recto side of the invoice in the head office of the rallyandracephotos.com Company or to the one of the bank accounts specifically mentioned on the aforementioned invoices. From the due date, the sums that remain due apply, automatically and without prior formal notice, a payment delay of 1% per month.
When the Holder of license cannot come to withdraw itself the Contents under license and ask rallyandracephotos.com to organize its transportation, this one is carried out at the expenses of the Holder of license and at his own risk. rallyandracephotos.com declines any responsibility for less or deterioration of the Contents under license in case of transportation.
The patent license lasts one year as from the date of the invoice and will however end in anticipation if these general terms are not respected, in particular, in case of use of the images of rallyandracephotos.com at other ends that those described above or in case of transfer of the granted rights of use, in particular under license ones.
At the end of license, and in particular, in case of anticipated cancellation of this one, all using of the images of rallyandracephotos.com must be immediately stopped and all the copies of the images of rallyandracephotos.com must be deleted on any support.
rallyandracephotos.com does not grant any guarantee relating to the Contents under license.
In any case, rallyandracephotos.com won’t be blamed for the direct or indirect damage resulted in use of the Contents under license.
In case of use unauthorized, illicit or contrary to the rights of rallyandracephotos.com (reproduction of Contents under license for use unauthorized by the license, publication without clearly visible mention of name of the author and the rallyandracephotos.com company’s one, unauthorized modification,...), rallyandracephotos.com reserves the right to begin the legal proceedings, in particular for counterfeiting.
In any case, any unauthorized use entails the debiting of an allowance of 200% minimum of the price of license with a minimum of 125 Euros, without prejudice to any right for rallyandracephotos.com to fix a more important damage.
rallyandracephotos.com reserves the right to modify the present conditions of use at any moment and at its whole discretion. If rallyandracephotos.com carries out such modifications, the date of last update indicated at the top of page of these conditions of use will be modified. Any modification will immediately take effect at the time of its publication on the Site. The use of the Site after the publication of the modifications involves immediate acceptance of the reached modifications by the Holder of license.
The use of the Contents under license is subjected to the Belgian substantive law and the international treaties in force when it comes to copyright and trademark rights. In case of litigation, only the Courts of Liege and, if necessary, the magistrates of the various cantons chosen by rallyandracephotos.com will be competent.