Legals


The www.imagebeaute.fr website is published by the company

ARYWANKA PRODUCTIONS
4 rue des velettes,
92150 Suresnes. FRANCE

Phone : (+33) 01 45 06 62 30
Mobile phone : (+33) 06 09 03 07 77
   
Email : contact@arywanka.com
Website : www.arywanka.com
   
SIRET : 499 576 080 00018
TVA : FR70499576080



General conditions for transfer of photographic rights



All transfers of rights relating to images included in the image data bank accessible on the www.imagesbeaute.fr website are submitted to the conditions specified hereinafter.


For the transferee, payment of transfer rights entails irrevocable acceptance of said conditions.


 


ARTICLE 1 : DEFINITIONS


- Delivery: Dispatch by electronic means of the digital image, in the definition selected by the transferee.


- Image: The one or several photographic images which are the subject matter of rights’ transfer between the transferor and the transferee.


- Payment: The transferor’s collection of the transfer price, either via finalisation of the electronic payment procedure, or via correct crediting of the cheque sent by the transferee.


- Transferor: The Company ARYWANKA PRODUCTIONS who is sole owner of property rights attached to the photographic works presented in the image data bank on the www.imagesbeaute.fr website.


- Transferee: The individual or legal entity which purchases the right to reproduce the photographic works selected by such Party from the image data bank, in accordance with the General Conditions defined hereinafter.


 


ARTICLE 2 : TRANSFER SCOPE


Transfer is exclusively granted for the exploitation methods and purposes listed hereinafter, any other use shall be the subject matter of the transferee’s specific written authorisation.


2.1 Exploitation methods


This rights’ transfer authorises the transferee to reproduce the image on the following mediums:


- Electronic

- Digital

- Optical: Laserdisc, CD, DVD in all versions and evolutions, optical scanning …

- Magnetic: Diskettes, magnetic tapes, hard disks, magnetic cards

- Terrestrial diffusion

- Cable and satellite diffusion


 


2.2 Purpose


The image may be used to illustrate:


- Presentation models

- Magazine covers

- Press editorial articles or subjects

- Editorial articles or subjects on the Internet


Any utilisation for advertising or promotional purposes is expressly excluded from the transfer scope.


The transferred image may not be included in a logo, a commercial mark or model.


Any utilisation of the image for the purpose of creating a scandalous, pornographic, slanderous, racial or immoral work, due to the use or processing of photographical images including associated captions, is formally forbidden.


Generally, any use of the image which may infringe third party rights or which is contrary to laws and regulations is strictly forbidden and would commit the transferee’s liability alone.


 


2.3 Transfer term and scope


The transfer is granted for a sole publication, in all countries, which shall occur within one year as of image delivery.


The transfer is granted solely to the transferee; said Party may not in turn transfer the right to reproduce the image to any third party.


This transfer is not exclusive.


 


ARTICLE 3 : DIGITIZATION AND STORAGE


For the purpose of the use authorised by the transfer, the image may be stored by the transferee on the medium selected by the latter.


The transferee undertakes to use a technical image protection device intended to prevent downloading by third parties.


Any reuse of the stored image for a utilisation other than that specified herein shall be the subject matter of an amendment or new agreement and shall give rise to the payment of new rights.


Pursuant to foreseen and authorised utilisation, the transferee undertakes to destroy all copies of the image which the latter may have kept, whatever medium has been used for storage.


 


ARTICLE 4 : TRANSFER PRICE - INVOICE


Transfer prices for an image are as follows:


- 45 € excluding VAT for a low definition - 72 dpi

- 90 € excluding VAT for a medium definition - 200 dpi

- 150 € excluding VAT for a high definition - 300 dpi


Prices for images which represent one or several recognisable individuals shall be negotiated between the transferor and transferee according to rights to be retroceded to mannequins, mediums used, considered purposes, the duration and geographical scope of utilisation.


A digital invoice shall be sent by electronic means to the transferee to the email address specified by the latter as soon as payment has been performed.


 


ARTICLE 5 : NON-PECUNIARY RIGHTS OF THE PHOTOGRAPHER AUTHOR


5.1 Credits


Each reproduction of the image shall be accompanied by the photographer’s full name or pseudonym, and the transferee's name: ARYWANKA PRODUCTIONS.


The transferor shall inform the transferee of the exact words to be indicated in the margin of the image reproduction.


In the event where the accompanying article or caption is erroneous, only the transferee’s liability may be committed.


For all utilisation beyond French territory, each image reproduction shall be accompanied by the copyright© indication followed by the [photographer’s name] (ARYWANKA PRODUCTIONS] and accompanied by the indication “reproduction not authorised”.


5.2 Images’ integrity


The transferee is not entitled to modify the image, subject matter of the transfer, in any way whatsoever, if the one or several characters thereon are recognisable.


 


ARTICLE 6 : FILE COPY


After use, the transferee undertakes to destroy all files on which the image was stored.

An example of the use made of the image shall be remitted to the transferor for verification purposes and as evidence.


The transferor undertakes only to use such copy for filing purposes and not to allow third party access thereto.


 


ARTICLE 7 : GUARANTEES


The transferor guarantees peaceful use of the transferred image.


Therefore, the transferor warrants that said Party has obtained authorisation from individuals who may appear on the image and undertakes to take charge of the payment of rights owed to the latter.


However, it is hereby specified that for photographs which represent places, buildings, architectural monuments, works, protected and registered objects and trademarks, the transferee shall be responsible for negotiating authorisations required for image reproduction directly with rights’ holders thereof.


Accordingly, in the event of a dispute, only the transferee’s liability may be committed.


 


ARTICLE 8 : POWER OF JURISDICTION


This agreement is entered into in compliance with French legislation.

Any disputes which may arise with respect to the interpretation and performance hereof shall be referred to French courts.


 


 


 
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