Patent license of the pictures of the www.rallyandracephotos.com site

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.

Article 1. Definitions

  • contents under license: original or derived work containing on any support, digital or analogical, in the form of image(s) or film(s), protected by an author’s right, a copyright or any other intellectual property right, whose transfer of right sis conceded by rallyandracephotos.com to the Holder of license under this license;
  • holder of license: the individual or moral person who acquires the present transfer of rights;
  • represented third party: persons whose image is represented on one or more Contents under license and their assignees;
  • use of contents under license: reproduction or communication of the Contents under license, in any form and by all manner of means, in the sense defined by the copyright legislation and the rules relating to the image reproduction rights;
  • authorized user: any employee, agent or member of the Holder of license which is involved by any means in the production process of the final product which incorporates the Contents under license.

Article 2. Application of the license

The present license governs all the relations between rallyandracephotos.com and the Holder of license.
Any clause accompanying an order passed to rallyandracephotos.com which would be in opposition or would add an element to the present license will be null and void, except prior expressly written agreement of rallyandracephotos.com.

The provisions of this license are published on the site and the consultation by the user carries his accession.

In this capacity of professional, the Holder of license is required to keep himself regularly informed about the update of this patent license on the site.

Article 3. Extend of conceded rights

The nonexclusive inalienable right limited in time to reproduce the Contents under license on the support of holder’s choice, for all uses other than those excluded from this license under the terms of Article 4 is recognized in the Holder of license.
Any material or intellectual property right on the Contents under license is not recognized to the Holder of license. He enjoys only a license of use of Contents under license.

If it is about an individual person, the Holder of license is the only person authorized to use the Contents under license and therefore he is the only possessor of this license.
If the Holder of license is a moral person, the present license gains recognition for all its members, salaried employees or assignees.

rallyandracephotos.com has as activity the concession of licenses concerning the images to its customers. This stipulation aims specifically the prohibition to you to use the images in order to have, directly or indirectly, a similar or concurrent activity.

The nonexclusive right thus delimited in time, to reproduce the Contents under license on a support of holder’s choice is limited to the only following purposes:

  • The images can be copied to hard disk and be handled there exclusively for their incorporation, like topical report, and can be blend into editorial Contents for this only purpose.
  • According to the choice of license, the images can be blended into the publications who’s the holder of license is the editor or the maker, for its own account or for its customers. These publications could be the leaflets, catalogs, folders, invitations, greetings cards, management reports, company’s press, and specialized press, general information press or institutional press, Internet sites and CD-Rom, or other electronic or magnetic media, or methods make up those ones in the future, like topical report.
  • Taking into account rallyandracephotos.com in the automobile sport, the individual or moral persons which were identified and which have a direct interest in driving, in vehicle team operations to do with the photography, can use it for the private purposes limited to the family circle while respecting the Article 4.

Article 4. Excluded uses

The Holder of license does not have the right (+ see choice of license A, B or C):

  • to reproduce the Contents under license for its marketing as such, subject to portfolio making and using in the bare minimum approach for conservation and up keeping of a sponsor within the framework of the motorsport’s world;
  • to bring the Contents under license within the reach of a third party, in such a way that the third party can reproduce it in any forms or to modify it;
  • to sell or to distribute a final product containing the Contents under license in a manner allowing a third party to download it to extract the Contents under license from it or to reach it as if it were about independent contents;
  • to integrate the Contents under license in a logo, a trade mark or an official stamp;
  • to reproduce the Contents under license apart from its context or to match it of a caption different from that affixed with the contents initially provided by rallyandracephotos.com;
  • to reproduce the Contents under license in an abusive, defamatory or immoral context, affected the honor or the reputation of others;
  • to reproduce the Contents under license or the images contained in the Contents under license for the creation of a product competing for the products and services of rallyandracephotos.com;
  • in accordance with the Article 8 of this license, to center or to crop the images included in the Contents under license and representing the non-identifiable individual persons, so as to make them identifiable.

Article 5. Non exclusiveness

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.

Article 6. Transfer of the Contents under license, under-licenses, transfer of rights

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.

Article 7. Intellectual property

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.

Article 8. Image reproduction rights

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.

Article 9. Author’s rights of represented works

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.

Article 10. Trademark rights

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.

Article 11. Prices, method of payment and transporting

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.

Article 12. End of license

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.

Article 13. Exception clause

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.

Article 14. Unauthorized use of 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.

Article 15. Modifications of the Terms of use

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.

Article 16. Applicable law and competent courts in case of litigation

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.