eyedea - terms of use

Terms and Conditions of Use of www.eyedea.fr

Welcome to our website ("Site"). These terms and conditions of use ("Terms") constitute a legal agreement between you and EYEDEA and its subsidiaries ("EYEDEA"). Your logging on to this Site defines you as a User (“User”), and your use of it constitutes your acceptance of the Terms.

Ownership of This Website and Its Contents

This Site is owned and operated by EYEDEA. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by EYEDEA, its licensors or its third-party image partners.

All elements of the EYEDEA Site, including text, logos, brands or other ancillary elements, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights, both in France and according to international accords related to intellectual property. Except as explicitly permitted under this or another written license or agreement with EYEDEA, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of EYEDEA, its licensors or its third-party image partners. You shall indemnify EYEDEA, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Content or Site. This Site is owned and operated by EYEDEA. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by EYEDEA, its licensors or its third-party image partners.

Use of the Site

This Site and its Content are intended for customers of EYEDEA. Users are granted access to this Site and may download the images therein once they have duly registered with EYEDEA and have responded to the questions asked with precise and accurate information. Access to the site is only permitted using the ID number and password assigned the User by EYEDEA. The user is henceforth responsible for maintaining the confidentiality of the ID number and/or password and is not permitted to distribute them to any third party to enable access to this site. Any use of the Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by EYEDEA for use of this Site.

Use of Images With or Without Watermark

This Site contains both high-resolution images and low-resolution images, with or without watermarks. EYEDEA allows for the downloading of the low-resolution images with watermark for the sole purpose of evaluating it for purchase. Those images without watermarks are subject to standard terms and conditions applicable to such work. The use of watermarked images in any finished materials furnished to the public by any means, including electronic, is not permitted. Removing, obscuring or changing any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied or printed from the Site or obtained as a result of the Services without permission is prohibited.

Literary and Artistic Property

No use, reproduction or representation of any work on the EYEDEA site is permitted without the prior express consent of EYEDEA.

Specifically:
any adaptation, publication, distribution, communication in any form, electronic or otherwise of protected works available on the Site;

any extraction and reuse, including private use, of a substantial part of the content of the site database;

introduction of any elements susceptible to modify the content or appearance of the information or works contained on this Site;

any use for pornographic purposes, illegal ends or with intent to libel any person, to violate privacy rights and laws, or any copyright infringement or other rights and laws pertaining to the rights of an author.

The copyright of the image is always fully retained by the photographer and EYEDEA. As with all editorial rights managed photography, the photographer should be credited with any reproduction of their work. For all commercial and advertising uses, we would request that the licensee would use reasonable effort to provide the same credit line.

All images requested and purchased through EYEDEA are offered on an individual license basis - sometimes referred to as Rights Managed Licensing. When an image is licensed by EYEDEA, the terms of usage are specific and cannot be used for any other purpose without further agreement by EYEDEA. The license will state the media use, language rights and the territories for the usage. Use of an image or other work other than that specified constitutes a violation of the agreement and will be sanctioned under the law. In the case of a violation of restrictions communicated upon display of the image, or in the IPTC field, the user accepts to indemnify EYEDEA and exonerate it from all responsibility for lawsuits, fees and damages. If a User does not fully understand the terms of use of a given image and the restrictions pertaining to it, they should contact EYEDEA prior to downloading or using it.

Trademarks
GAMMA, MPA, STILLS, HOA-QUI, RAPHO, TOP, JACANA, KEYSTONE are trademarks of EYEDEA, its subsidiaries or its third-party image partners. All other trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, explicit, tacit, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of its respective owner. Your use of the Trademarks displayed on the Site except as provided in these Terms is strictly prohibited and will be prosecuted under the law.

Disclaimers
THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND EYEDEA AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EYEDEA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE USER, NOT EYEDEA, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.

EYEDEA uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. Images of people or places displayed on the Site are either the property of, or used with permission by, EYEDEA or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes.

There may be links to other websites from this Site; however, these other websites are not controlled by EYEDEA and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against EYEDEA regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than EYEDEA provide services from this Site. EYEDEA does not evaluate or warrant the offerings or services of these parties, and except as otherwise provided by written agreement, does not assume any liability for the actions, product, services or content of these parties.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

All use of the Site is recorded. There are instances where we request personal information for statistical or advertising purposes. In certain cases, the User can request access to the data collected (please see our Privacy Policy [faire un lien?] statement) in accordance with law no. n°78-17, dated January 6th, 1978 regarding “Information Technology and Liberty.”

Some parts of EYEDEA use cookies to track user traffic patterns. We will deal with User Personal Data in compliance with the current French data protection legislation. Users should be advised that data relative to their user address and identity would be available on internet.

If you prefer not to receive cookies on the EYEDEA site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by French law. Venue for all disputes arising under this Agreement shall lie exclusively in the tribunal of Nanterre in France. It is understood that all Users shall conform to the laws in effect in the country in which they consult the site.

No Waiver, Severability

No action of EYEDEA, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Content displayed on this Site, any license or product prices contained on the Site and any information or license terms without prior notice. These Terms set out the entire agreement between EYEDEA and you relating to your use of this Site.

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