This document is a Legal License between the Buyer of Photographs from the CINETOF website (or the User, or any other entity in whose name the Buyer enters into this Agreement) and the CINETOF website, which defines the rights and obligations with respect to Photographs purchased under a License. By using the Photographs purchased on the CINETOF website, the Buyer expressly agrees to accept the terms of this Agreement.
The use or access of the CINETOF website entails the Buyer’s acceptance of these provisions and the full terms of the Agreement, as well as all the stipulations and restrictions relating to the License Agreement defined below. If the Buyer does not accept all of these provisions, s/he may not use the CINETOF website.
Anyone who comes into possession, by any means whatsoever, of the Photographs sold on the CINETOF website shall be deemed to have read and accepted the present terms and conditions of the License Agreement.
- “Agreement” or “License Agreement” refers to this document;
- “Photograph” or “Licensed Photograph” refers to the photographs, images, original electronic files or their copies, the rights of which are granted;
- “CINETOF” or “Website” refers to the CINETOF website (https://www.cinetof.com/);
- “License” refers to the Reproduction right on the Photographs;
- “Licensee” refers to the natural or legal person who purchases the License;
- “Buyer” refers to the natural or legal person who downloads the Photographs for his or her own use or on behalf of a third-party Licensee;
- “The Licensor” refers to the owner of the Website, who is also the creator of the downloadable Photographs on this Website: Julien Joanny;
- “Modification” refers to any alteration, framing, distortion, alteration or manipulation of a Photograph and the creation of any Work derived from the Photographs, or incorporating the Photographs;
- “Reproduction” and the verb “to Reproduce” refer to any form of copy or publication on any medium and by any means, in whole or in part, of the Photographs;
- “Project” refers to the project for which the Photographs are purchased and in which the Photographs will be reproduced.
The Licensor assigns to the Licensee, on a non-exclusive basis, for the entire world and for the entire legal term of protection of intellectual property rights and any extensions or prolongations thereof, the right to cite, reproduce and represent, in whole or in part, and under any framing conditions, the Photographs:
A. In the form of a digital reproduction, including on websites, in online advertisements, on social networks, in mobile advertisements, mobile applications, software, electronic cards, electronic publications (eBooks, webzines, blogs, etc.), e-mail marketing and online media (including video sharing services such as YouTube, Dailymotion, Vimeo, etc.);
B. In the form of a printed physical copy for product packaging and labeling, letterheads and business cards, point-of-sale advertising, CD and DVD covers, or in advertising and physical media platforms, including magazines, newspapers and books, provided that no Photograph is reproduced more than 100 times under the same License (any additional copy will require the purchase of a new License, within the limit of 100 physical reproductions per License);
C. As part of an outdoor advertising campaign, including billboards, street furniture, point-of-sale displays, etc.;
D. To be included in films, videos, television series, commercials or other audiovisual productions intended for distribution via any currently known or future medium, whatever the scale of the audience, for the production and distribution of the Project, its secondary and derived rights, and its promotional materials (in particular, without this list being exhaustive: publications of all kinds, trailers, teasers, promo reels, audiovisual or literary “makings of”, videoclips, bonuses and DVD covers, posters, stills, visual and/or sound extracts, rushes, photos of filming, etc.), in whole or in extracts, for commercial and non-commercial purposes: (i) by any means and media known and unknown to date and in particular, without this list being exhaustive: movie cinemas; over-the-air, digital, cable, ADSL, DVB, H, IP, UMTS, EDGE, or satellite television; radio; online networks such as the Internet, etc.; and (ii) by all modes known and unknown to date and in particular, without this list being exhaustive: free TV, pay TV, pay per view, video on demand, streaming, download, simulcasting, podcasting, etc.; and (iii) on all mediums and platforms known and unknown to date and in particular, without this list being exhaustive: videocassettes, DVD, CDI, CD-ROM, DVD-ROM, video grams, phonograms, audio cassettes, books, publications of all types, jackets, packaging, merchandising, fixed or mobile communication media, etc.;
E. To be incorporated into commercial products for sale or promotional distribution, including, but not limited to, textiles, creative works, magnets, wall art, calendars, toys, stationery, greeting cards and any other physical reproduction intended for resale or distribution, provided that such commercial products incorporate functional or creative material elements other than the Photographs, and provided that no Photograph be reproduced more than 100 times under the same License (any additional copy will be the subject of the purchase of a new License, within the limit of 100 physical reproductions per License);
F. In the form of wall art (and without the need for other functional or creative elements) for decorative purposes in a commercial space;
G. Integrated as Digital Model Elements for sale or distribution
This Agreement grants a perpetual, non-transferable, non-exclusive and non-sublicensable license, with the understanding that exclusivity may only arise from a specific written agreement and shall entail the payment of royalties by virtue of such exclusivity, distinct from standard royalties.
All Photographs are protected by copyright and intellectual property regulations. The CINETOF website remains the sole owner of the intellectual property rights on the Photographs delivered. The material ownership of the medium upon which the Photographs are displayed does not transfer any intellectual property right.
The Licensee may not claim, in any way whatsoever, that it is the original creator of a work in which the Licensed Photograph constitutes a large part of the visual composition.
If the Photograph is Reproduced on a website, the Licensee must make its best efforts to mention on the said website that any new publication, retransmission, reproduction or other use of this Photograph is forbidden.
When the Buyer acquires a License on behalf of a Licensee, the Buyer warrants that it is authorized to act on behalf of the Licensee.
The Photograph may be subject to any Modification deemed necessary by the Licensee in connection with its use in the Project, including any reframing, distortion, alteration or manipulation and the creation of any Work derived from the Photograph, or incorporating the Photograph.
The Photographs available on the CINETOF website do not require additional authorizations to be used in a Project and all the elements incorporated in the Photographs are deemed to be included and authorized (including the authorizations from the persons in the photographs, brand rights, authorizations for architectural monuments, etc.)
4. Limitation of use
Each of the purchased Photographs may be used for one application only.The License Agreement for the use of a Photograph is linked to a given Single Project, and any new use of the Photograph shall be subject to a new License and payment of the corresponding royalties.
The same Photograph may be purchased by the same Buyer on behalf of several companies, subject to the purchasing of a License for each of the concerned customers and payment of the corresponding royalties.
If the modifications of framing of the Photographs by the licensee isolate physical persons, works of art, buildings or any other element potentially subject to copyright so that they become the main subject of the photographs, their use is not guaranteed by CINETOF and it will be necessary for the licensee to obtain by himself the authorizations for their use.
The Licensee is not allowed to include the Photograph(s):
- for unlawful uses, directly or indirectly, such as (but not limited to) defamatory, pornographic, offensive, obscene, immoral or uses in violation of the laws of the country in which the Photograph is used or displayed;
- to portray a person visibly in the Photograph in an offensive manner, including, but not limited to, the representation of a Model: a) in a context related to pornography, “adult videos”, adult entertainment venues, escort services, dating services, or other such services; (b) in a context related to the advertising or promotion of tobacco products; (c) in a political context, such as for the promotion, advertising or support of a political party, candidate, elected representative or in connection with a political strategy or opinion; (d) as suffering from, or under treatment for, a mental or physical condition; or e) engaging in criminal or immoral activities;
- to use the image, or part of this image in the realization of a logo or a brand;
- in an electronic process intended to enable third parties to make Reproductions of them on electronic or printed products;
- in a way that allows others to upload, extract or redistribute the Photograph as a stand-alone file (i.e. only the content file itself, separate from the project or end use);
- for any use other than those defined in the License.
A License allows for the Reproduction of a Photograph on a series of objects (mugs, t-shirts or others) within the limit of 100 copies per object. Any additional Reproduction will be subject to the purchase of a new License, always within the limit of 100 physical reproductions per License. For a large series, a License may be purchased as many times as necessary. For example, for a series of 1,200 coffee mugs, the Buyer must purchase the desired Photograph 12 times in order to be able to reproduce it on the 1,200 objects.
The Photographs are protected by copyright and must therefore be used as with any other protected product. The moral rights arising from the French Intellectual Property Code, including the right to the name and the respect the integrity of the work, are inalienable, and must be respected in all circumstances, within the limits of the Modifications authorized in this License.
The License does not include the intellectual property rights or copyright of the Photography, which remain the property of the author Julien Joanny and the CINETOF website.
5. Warranties and declarations
The CINETOF website warrants and declares that the author of the Photographs has granted CINETOF all necessary rights relating to their Reproduction and Use in order to grant the rights defined in this License Agreement.
The Licensee shall make its best efforts to mention the Licensor's Photographic Credit “© CINETOF - Julien Joanny” in the immediate vicinity of its Reproduction in the Project, or failing that, in the credits at the end of the Project, under conditions and at a location left to its sole discretion.
7. Limitation of liability
The Licensor assumes no liability for damages attributable to the context in which the Photograph may be used, or to any modifications made to the Photograph by the Licensee or third parties.
The Licensor shall not be held liable for punitive, special, indirect, incidental or incidental damages, or for any loss suffered by the Licensee or any third party resulting from an alleged or actual defect of the Photograph, its caption, or, in any way, of its Reproduction, even if the Licensor has been informed of the possibility of such damage or loss.
If the Licensor should be found liable, the total compensation may not, by express agreement, exceed an amount equal to twice the price paid by the Buyer for the Photograph that caused the damage.
8. Payment and billing
The Licensee and Buyer agree that the Royalties shall be paid electronically at the time of purchase of the Photograph on this Website.
The Licensee and Buyer agree to receive invoices electronically at the email address specified at the time of purchase.
Upon payment, the Buyer shall automatically receive the download links for the Photographs at the email address provided when ordering. Once these links have been provided, no refund shall be possible.
9. Unauthorized use and termination
Any use of a Photograph not expressly authorized by the Agreement, as well as the use of a Photograph without payment of the corresponding amounts, constitutes a violation of copyright and authorizes the Licensor to exercise all the actions and prerogatives conferred upon it by French copyright law.
The Licensee is responsible for all damages resulting from these copyright and intellectual property rights violations, including all claims from a third party.
In the event of unauthorized use, the Licensee agrees to pay compensation in an amount of at least ten times the amount of the Royalty fee as posted on this Website, with a minimum of fifty Euros.
This Agreement is void if the Licensee concludes it after the Licensor has informed the Licensee of the fraudulent or unauthorized use of a Photograph.
The Licensor reserves the right to terminate the Agreement for any breach of the provisions of the Agreement.
As soon as the Licensee is informed of this termination, it must immediately stop using the Photograph, destroy it and all the Reproductions in its possession.
The Licensee is obliged to immediately notify the Licensor if it is informed that a third party has infringed any intellectual property right or has acted as a counterfeiter using a Photograph.
The Agreement is governed by French law, any dispute arising through its execution or in its interpretation being subject to the jurisdiction of the Courts of Paris.
If any provision of the Agreement is deemed unlawful or unenforceable, the remaining provisions remain valid.
Any waiver of any provision of the Agreement may only be made in writing.
In the event of a change to this Agreement, the existing version at the time of the Purchase shall be deemed the one in effect. The Buyer is expressly advised to keep a copy of the existing Agreement at the time of the Purchase.
In the event of any conflict between this Agreement and another page of this Website, the provisions of the Agreement shall prevail.
For any question relating to the License, the Agreement or the use of the Elements, please contact the CINETOF website at email@example.com or by phone at 06 80 43 45 75.