By clicking on the "Submit" button, you acknowledge having read the present conditions of use of the "lucienbarriere-photo.com" website,
conditions accepted by you as forming the legal context for our partnership.
| General conditions and use of the site "lucienbarriere-photo.com" |
The site "lucienbarriere-photo.com" is the exclusive property of Groupe Lucien Barrière – Simplified Joint Stock Company with a registered capital of 1 429 582 euros – registered as number 320 050 859, in the Registre du Commerce & des Sociétés de Paris (hereafter referred to as "Groupe Lucien Barrière"). The address of the Hotels & Casinos Marketing Management is located at 35, Boulevard des Capucines, 75002 Paris, E-mail: phototheque@lucienbarriere.com. Consulting and/or ordering images entails the creation of a contract and automatically implies the unrestricted acceptation of the present general conditions. The present general conditions are presented in English. They may be read in French by clicking on the "French Version" tab at the top of the page. In case of dispute, only the French version will prevail between the parties. Groupe Lucien Barrière may at any time modify the present general conditions. The new version will be applicable from the time it is online on the "lucienbarriere-photo.com" website. The users are therefore invited to regularly consult the last applicable version. Moreover, Groupe Lucien Barière may at any time suspend, modify or cancel access to the photo library website. The general conditions prevail over any others. They may be amended, should the need arise, by specific conditions, such as the technical information sheets attached to each image and present on the "lucienbarriere-photo.com" website. Creation of a user account This website is intended to be used solely by the members of Groupe Lucien Barrière, and by the professional Communication service providers who have signed lasting agreements with Groupe Lucien Barrière. In order to access the photo library service, the user must have applied for registration by filling in the online form provided. The validation by the user of the supplied information permits the opening of a user account. In order to be activated, the application for user account must be validated by Groupe Lucien Barrière. The user is informed by a confirmation e-mail of the acceptation or reject of the user account by the Groupe Lucien Barrière. If the application is accepted, the user account becomes active with the confirmation mail. The new user member is now duly habilitated to enter the "lucienbarriere-photo.com" website to consult and order one or several images displayed on the site, according to the dispositions of the present general conditions and the technical sheet attached to the selected image(s). Use of the "lucienbarriere-photo.com" website and of its contents This site and its contents are the exclusive property of Groupe Lucien Barrière and are protected by current French regulations and laws. The holders of a user account agree to use the images displayed on this website in accordance with their purpose, this being the promotion of Groupe Lucien Barrière, its establishments and activities, according to the conditions defined in the technical information of each image and particularly on the territory and for the duration mentioned in those information sheets. The user agrees to being held responsible towards Groupe Lucien Barrière and any involved third party for any utilization not beforehand authorized by Groupe Lucien Barrière. This website is intended to be used solely for the professional purposes of Communication/Advertising service providers duly selected by Groupe Lucien Barrière. The users are authorized to browse and visualize the contents of the website as well as all elements available through this site. The users are not authorized and may not grant permission to any third party to modify, copy, distribute, transmit, broadcast, represent, reproduce, publish, grant a licence, create derivatives, transfer or sell all or part of the website and/or its contents. "lucienbarriere-photo.com" is a domain name registered for and on behalf of Groupe Lucien Barrière. The users may only use this registered domain name and/or brand with the prior written authorization of their holder. Any breach of these mandatory dispositions may expose the user to legal and civil action as allowed by law. The user agrees to use the images contained in the site solely for all kinds of promotional publications as may have been ordered by Groupe Lucien Barrière. Any other use is strictly prohibited without prior written consent of Groupe Lucien Barrière. Any breach of these mandatory dispositions may expose the user to legal and civil action as allowed by law. Duration The user account is activated subsequently to the confirmation by Groupe Lucien Barrière and the validation of the user’s access codes. The user account is valid for a duration of six months starting on the date of activation as defined here above, it being agreed that either the user and/or Groupe Lucien Barrière may terminate it at any time, without any prior notice, by so informing the other party by recorded delivery letter with acknowledgement of receipt. The user is free to choose his/her own access codes. Groupe Lucien Barrière shall however keep a backup should the user lose the codes. This backup is only valid for the duration of the user account. At the end of this period, it shall be deleted. Images' information sheets The user agrees to comply with the instructions specified in the technical sheets attached to each image displayed on the website. Should there be a contradiction between the present general conditions and the technical sheet, only the specifications of the latter shall be taken into account. Copyright and Mandatory wording Unless stated otherwise on the information sheet attached to each image, the images are free of rights within the limits of a use conform to the prescriptions of Groupe Lucien Barrière, for communication or national promotion, and with the exception of use on posters and billboards, on especially purchased space. The name of the photographer should be clearly legible on each reproduction/publication or mentioned in the "photo credits" part of printed or digital documents. Ordering Procedure The user may order high resolution images on the ordering page of the website free of charge. The specific conditions for the order of the products are listed hereafter. 1) Conditions of validity of the online images orders Subject to the provisions stated in paragraph 2) of this article, Groupe Lucien Barrière shall only take into consideration valid online orders. The validity of the online order is subject to compliance with the following conditions: the prior identification of the service provider through his login and password, the confirmation and validation of his/hers online order form. The user fills in an online form in order to be identified. To this aim, the user must enter his/her personal and confidential login and password. Entering these identification codes stands as proof of the identity of the user. The user is liable for the protection of the confidentiality of his/hers login and password. Groupe Lucien Barrière may on no account be held responsible for any damages suffered by the user arising from use by a third party, known or not, fraudulent or not, of his/her identifiers. The user confirms his/her order by clicking on the confirm button. Should any problem arise during the online order, the user is invited to send an e-mail to the website staff, to the following address: phototheque@lucienbarriere.com, or by phone (+33 (0)1 42 86 54 00, from 9:00 am to 6:00 pm). 2) Acknowledgement of receipt of the high resolution images orders After validating the summary of the online order, the user shall receive an acknowledgement of receipt by e-mail with the details of the order. As soon as the images are available, an email is sent with the link enabling him/her to download the high resolution images. The images are held at disposal for a period of six working days, counting from the reception of the e-mail. 3) Low Resolution Images The low resolution images shall be sent by e-mail in JPEG format to the address given by the user. Protection of nominative data Your personal data may be used by Groupe Lucien Barrière only. In compliance with French law n°78-17 of January 6, 1978, on computers and liberties, you detain the right to access, modify, correct or suppress your personal data. To exercise this right, or for any other question, please write to: phototheque@lucienbarriere.com Applicable law / Jurisdiction Groupe Lucien Barrière states that this agreement shall be governed and construed exclusively in compliance with the French laws and regulations. No regulation specific to the country of delivery and/or consultation may be held against it, the user being solely liable for compliance with applicable regulations in his/her country. Failing an amicable agreement, the users agree without reservation that the courts of Paris, France, shall have exclusive jurisdiction for any dispute, notwithstanding introduction of third parties, even for summary proceedings and interlocutory measures, and this without prejudice to rules on conflicting laws that may apply. |