Note : English version non contractual. Only the French version is authentic.
Tahiti Stock Footage & Photos Rights Managed, Editorial, and Simplified Rights License Agreement
This is a legal agreement between you or your company, company or other organization ("You") and Tahiti Stock Footage & Photos and its representative. Tahiti Stock Footage & Photos has been appointed attorney by its Contributors to grant the license on their behalf. Please read this agreement thoroughly before downloading or using an image / Videos. By confirming the purchase of the Content or downloading the Content you sélected from this Site, you agree to be bound by the terms of this LC (the "Agreement") and the restrictions on the use of the Content contained therein . This License Agreement complements the General Conditions of Sale of Tahiti Stock Footage & Photos that you must accept prior to any purchase.
ARTICLE 1 - Images The Images / Video clips / graphics ("Content") available on this site are the property of Tahiti Stock Footage & Photos, or Authors ("Licensors") who provide the Content. All Content is protected by Article L. 112-2 of the Intellectual Property Code.
ARTICLE 2 - Grant of Rights For Managed and Editorial Rights Licenses as indicated on your invoice:
2.1. Tahiti Stock Footage & Photos guarantees a non-exclusive right (unless otherwise stated on the invoice), non-transferable and to reproduce the Content only in the manner and for the purposes stated in the invoice. In exercising this right you must ensure that the mention of copyright, trademarks or other proprietary rights are not removed from where they are placed on or incorporated into the Content.
2.2. The use of the Content is strictly limited to use, means, period of time, territory and other restrictions specified in the invoice or purchase order validated by you and paid by "credit package". You may use the Content in any production process that may be necessary for the intended use and specified in the invoice or purchase order validated as seen above.
2.3. 'Non-exclusive' means that Tahiti Stock Footage & Photos may grant operating licenses for the same Content. To obtain an exclusive license for payment of an additional fee, please contact the Tahiti Stock Footage & Photos.
2.4. If you are an intermediary (eg an advertising agency), you must obtain the Image (s) / Video license in the name of the end user. It is your responsibility to ensure that the client understands and meets all conditions.
2.5. The Content stored and shared by you must retain the copyright symbol, the name of Tahiti Stock Footage & Photos, the Content ID number and any other information that may be invisibly embedded in the electronic files containing the original image (S) / Videos.
2.6. Content may not be distributed by a mobile phone device in a manner that would allow any third party to download, extract or access the Content as a stand-alone file.
ARTICLE 3 - Restrictions
3.1. Alteration, reframing and transformation of Content
3.1.1. When images are used in an editorial context, from the download on Tahiti Stock Footage & Images on the general collection, they can be cropped or otherwise edited for technical quality, provided the editorial integrity of the image is not Compromise and the truth of the image is maintained, this should under no circumstances be modified.
3.1.2. Images reworked by the author can be cropped or otherwise modified for technical quality, provided that the original context and image adjustment are not _alter_ed.
3.1.3. For any other Content you may modify, reframe, manipulate to create derivative works from the Content, as long as you ensure that the Copyright / Author / Tahiti Stock Footage & Images is not removed from the Content.
3.2. You must not incorporate the Content (or any part thereof) into any logo, trademark or service mark.
3.3. The Content shall not be used as a reference for the creation of drawings or other visual works unless expressly authorized by the invoice.
3.4. Tahiti Stock Footage & Photos does not warrant the accuracy of any descriptions, keywords or other information associated with the Content.
3.5. You may not use the Content in a pornographic, defamatory, fraudulent, obscene, or illegal project, infringing any third party intellectual property or privacy rights, either directly or in the context of or in juxtaposition with others materials.
3.6. If a Content (image / video) featuring a template is used (i) in a way that would lead to the belief that the template uses or approves a product or service, or (ii) whether the template representation in The Content is unflattering or offensive, you must accompany each use with a statement that the person is a model and the Content is used for illustrative purposes only.
3.7. You must comply with the instructions or instructions on the use notified by Tahiti Stock Footage & Photos before, after or at the time of delivery of the Content, either in the information accompanying the Content, on the invoice or otherwise.
3.8. Tahiti Stock Footage & Photos, after reasonable notice, may examine the records, accounts and books relating to the reproduction of any of the Content to ensure that the Content is used in accordance with this Agreement.
3.9. You may store the Content in your company's digital library for the duration of your license, for consultation by you and your customers, but you must retain the copyright symbol, the name of Tahiti Stock Footage & Photos, numbers And any other information that may be invisibly incorporated into the electronic files containing the original image / Videos. When your license term as stated in the invoice ends, you must quickly remove the Content from your computer or other electronic storage system. Any subsequent reuse of the Content must be granted by granting new licenses to Tahiti Stock Footage & Photos to ensure that the Content is available under the rights you require.
3.10. The Content may not be sublicensed, resold or made available for use or distribution separately or detached from a product or web page or an audiovisual project. All Contents of Tahiti Stock Footage & Photos has no rights of transfer of image. It is your responsibility to verify that all necessary image transfers have been obtained (see article 7 below).
ARTICLE 4. Credit
The following message must be included on all main uses of the Images / Videos content and its derivatives in the form: Credit of images or sequences of images: "Name of the author / Tahiti Stock Footage & Photos (c)". You may use the name and / or logo of Tahiti Stock Footage & Photos and Authors to assign the use of Content. In other cases, you may not use the name and / or logo of Tahiti Stock Footage & Photos and Authors without their permission.
ARTICLE 5. Audit
Upon notification sent within a reasonable period of time, you agree to provide Tahiti Stock Footage & Photos and its representatives with all supporting documents, copy of final project, free access to any website link where the Content is reproduced to verify the Compliance with the contract. If the audit reveals a prejudice to Tahiti Stock Footage & Photos and its Licensors, you agree to pay the amount equivalent to the damages suffered and the related fees and audit fees.
ARTICLE 6. Reimbursement
6.1. Due to the nature of the downloadable digital files of the Content (Images / Videos), and therefore can not be redirected, the right of withdrawal does not apply.
6.2. A preview with watermark is available and downloadable for free on the Site, it allows you to carefully consider whether the content is appropriate for your project or not. Following the validation of purchase, the License granted is definitive and no refund or return will be considered. Reimbursement may be available if the content is proven defective.
6.3. Any Image / Video with defects will be notified in writing to Tahiti Stock Footage & Photos within thirty (30) days from the date of delivery of the Image / Video. Then Tahiti Stock Footage & Photos will replace the Image / Video of another faultless digital copy of the same Image / Video, or refund the License fee paid by you to the extent attributable to the defective Picture / Video.
ARTICLE 7. Guarantees
7.1. Tahiti Stock Footage & Photos guarantees that:
7.1.1. Any use you make of the Licensed Content and delivered in the form of Tahiti Stock Footage & Photos will not infringe copyright until the Content is modified, superimposed or reframed by you.
7.1.2. When Tahiti Stock Footage & Photos informs you of a waiver of image or proprietary rights, any use you make of the Licensed Content and delivered in the form of Tahiti Stock Footage & No copyright infringement until the Content is modified, superimposed, or cropped by you.
7.2. Exclusions from Warranty:
7.2.1. Tahiti Stock Footage & Photos does not warrant that all permissions have been obtained when shooting some Images / Videos Content. It is your responsibility to determine whether all permissions are required to use the Content for your project. You acknowledge that the content classified as "editorial" has generally obtained no authorization and that in case of commercial use, it is your responsibility to pay the sums due to the persons or owners of marks appearing on the Content.
7.2.2. Tahiti Stock Footage & Photos does not warrant that the Content is ranked in the most appropriate collection, with the most relevant description or keywords, although doing its best to make the Content as informed as possible.
7.2.3. Tahiti Stock Footage & Photos does not guarantee that the Content is perfectly suited to your project, but offers you the option of downloading a free low-definition preview to test the Content in your project and only for this purpose. Tahiti Stock Footage & Photos also makes efforts to ensure the quality of the Content in technical terms.
ARTICLE 8. Reservation and Termination
8.1. Tahiti Stock Footage & Photos does not warrant that the content you have chosen is suitable for your project and will not be liable for any damage resulting from the application of the content sélected by you for your project.
8.2. Tahiti Stock Footage & Photosse reserves the right to terminate this license to use the Content if you violate any terms and conditions of this Agreement. Upon termination of this license, you agree to immediately destroy all electronic or printed content and to discontinue use of the Content.
8.3. Tahiti Stock Footage reserves the right to terminate this Agreement in the event that you use the Content on a social network or other website, and such social network or website uses the Content for its own purposes or in a manner contrary to This contract.
ARTICLE 9. Indemnities
9.1. You warrant and indemnify Tahiti Stock Footage & Photos and its officer for all actions and claims based on breach of the Agreement, including negligence, or use by you of any or all of the Tahiti Stock Footage & Photos. As such, you will indemnify Tahiti Stock Footage & Photos and its officer for all costs and expenses incurred by such actions and claims, including legal, legal, expert, mediation and / arbitration.
9.2. You warrant and indemnify Tahiti Stock Footage & Photos and its officer for all actions and claims based on the infringement of copyright or other intellectual property rights owned by a third party and committed in any way using one or more Tahiti Stock Footage & Photos. As such, you will indemnify Tahiti Stock Footage & Photos and its officer for all costs and expenses incurred by such actions and claims, including legal, legal, expert, mediation and / or arbitration costs , It being understood that Tahiti Stock Footage & Photos will remain free to appoint the lawyer of its choice.
9.3. Limitation of Liability: Tahiti Stock Footage & Photos shall not be liable to you or any other person or entity for any loss, loss or damage resulting from this Agreement.
ARTICLE 10. Jurisdiction These terms and conditions are governed, interpreted and applied in all respects in accordance with French law, adapted to the relative competences vested in French Polynesia. The language of this contract is French. Any translation which is present on the site is given as an indication. In the absence of an amicable agreement between the parties, any legal action, suit or proceeding arising out of or related to this contract must be brought before the courts of French Polynesia.
Last _update_ : december 2016