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Legal notice and Terms & Conditions of use of the website of the photography agency of Rmn-Grand Palais

Legal notice of the website of the photography agency of Rmn-Grand Palais

Publisher:

The website of the photography agency of the Réunion des musées nationaux-Grand Palais, accessible at www.photo.rmn.fr, is published by the Établissement Public de la Réunion des Musées Nationaux et du Grand Palais des Champs-Elysées (hereinafter referred to as "Rmn-Grand Palais"), a national, industrial and commercial, public establishment, under the aegis of the Ministry of Culture and Communications,

Paris Trade and Companies Register B 692 041 585

254/256 Rue de Bercy

75577 Paris CEDEX 12

Contact: agence.photo@rmngp.fr

Tel.: + 33 (0)1 40 13 49 00

Fax: + 33 (0)1 40 13 46 01

Publication Manager: Ms Valérie Vesque-Jeancard, Deputy Director General, Rmn-Grand Palais.

Hosting: The website of photography agency of the Rmn-Grand Palais is hosted by OVH, a French SAS company

Trade and Companies Register of Roubaix – Tourcoing 424 761 419 00045

2 rue Kellermann

BP 80157

59053 Roubaix cedex1

Tel.: 0 899 701 761

Design and production:

Agence Minit-L

Terms & Conditions of use of the website of the photography agency (Agence Photo) of Rmn-Grand Palais

1. Acceptance of the Terms of Use

Welcome to the website of the photography agency of Rmn-Grand Palais (hereinafter the “Website”).

Users’ access to the Website and its features is subject to the present Terms & Conditions of use (hereinafter “T&C”). The User, a natural person, declares that they are over 18 years of age and have full legal capacity to accept these T&C.

2. The Website and its features

The Website provides the user with free access to consult information for pedagogical, professional or non-professional purposes; this excludes any commercial use of photographic images and/or albums published by Rmn-Grand Palais on the Website (the albums are thematic collections of images offered by the Website).

The Website also provides the user with other features (for information, pedagogical, professional or non-professional purposes, excluding any form of commercial exploitation), including:

-    A search feature that allows them to conduct an advance search within the photographic images and/or albums published on the Website.

-    A Select - Save - Print feature which allows the user, to select images then to save their selection and print them in PDF format after creating or connecting to their user account;

-    The magazine of photo agency, which is dedicated to presenting its careers and the collections it publishes

Use of the Select - Save feature requires prior registration if the user wants to store selected images.

3. Intellectual Property

The structure of the Website, as well as all its components, particularly photographs, texts, animated images, graphics, software, databases, brands and other distinctive features, are protected by French intellectual property law.

Any reproduction, representation, use, presentation or modification of the Website and/or its contents, in part or in whole, by any process whatsoever, is strictly prohibited without prior written consent of Rmn-Grand Palais, or the concerned licence holders and/or authors and/or beneficiaries.

To this effect, the Website user cannot, by any means or procedure and for any reason whatsoever, including for personal use, engage in the following:

-    download, copy or resend all or part of the Website, in any format whatsoever, such as via networking or public communication;

-    use data processing methods, robots, or similar data extraction or collection methods;

-    handle or display all or part of the Website using framing or similar technology;

-    introduce elements that could potentially modify all or part of the Website, particularly its images and editorial content;

-    use all or part of the Website for purposes other than those determined by the present terms of use.

It is strictly prohibited to use the name “Rmn-Grand Palais” and/or one of its components and/or logo, individually or collectively, through reproduction or imitation, for any purpose or on any medium whatsoever without prior written consent of Rmn-Grand Palais.

Any breach of these prohibitions constitutes an act of infringement that may render its author civilly and/or criminally liable. Rmn-Grand Palais reserves the right to take legal action against any person who has breached the above prohibitions.

4. Hyperlinks

The Website offers various links to other websites intended to improve user information, particularly regarding the images, their authors and licence holders. As these web pages are not part of the Website and given that Rmn-Grand Palais does not exercise any control over these websites, the latter may not be held liable for the content, quality, nature and reliability of the said websites.

The Website authorises the insertion of a hyperlink to its content, subject to the following conditions:

-   No use of deep linking; pages of the Website must be accessible via a new window/tab;

-    Mention the source which will lead directly to the target content through the hyperlink;

-    Mention www.photo.rmn.fr in the title tag;

-    Adhere to all uses strictly authorised above under “Intellectual Property”;

-    Any use for commercial/advertising/editorial purposes is prohibited;

-    This authorisation does not apply to websites disseminating information that is polemical, pornographic or xenophobic in nature, or which might harm the sensitivity of the majority of people.

-    For any other use, please contact us on agence.photo@rmn.fr.

5. Personal data protection

>  User's Rights

Personal data collected by Rmn-Grand Palais on the Website are those the user inputs when creating their user account or when using the contact form. The user can also opt to receive the Website’s newsletter when creating their user account.

The data is intended for the internal services of Rmn-Grand Palais, its service providers and sub-contractors involved in their collection and processing. Rmn-Grand Palais will take all appropriate measures to limit the risks of loss, damage or incorrect use of the data collected.

The personal data collected will be processed by Rmn-Grand Palais in compliance with the legal provisions on personal data protection pursuant to Law no. 78-17 of 6 January 1978 on Data Protection and Law no. 2004-801 of 6 August 2004. Pursuant to these legal provisions, users have the right to access and correct the data relating to them at any time. Users may also object to the processing of their personal data, for legitimate reasons. They may exercise this right by sending an email to: agence.photo@rmn.fr.

>  Cookies

Users are informed that, when they use the Website, cookies are stored on the hard disk of their computer, mobile or tablet. A cookie is a file containing data, in particular a unique identifier, sent by the Website server to the User's browser and stored on its hard disk.

These cookies are stored every time a User browses the Website, and are intended to:

-    to allow the user to gain access to the Website’s features and use them;

-    establish statistics and frequency and usage volumes of the various elements comprising our Website (pages and content visited, route), in order to improve its interest and ergonomics.

Users have the right to refuse cookies by configuring their browser accordingly. However, Users are informed that access to some of the Website's features may then be affected, and even impossible.

To find out more: Cookie management policy.

6. Rmn-Grand Palais' liability

In order to fully benefit from the Website and its features, users are required to check that they possess the equipment needed to access the Website and its features.

Rmn-Grand Palais is required to make the Website and its features accessible, in line with standard professional practices, as well as the legal and regulatory provisions in force. Rmn-Grand Palais does not provide any other commitment or any other guarantee concerning the Website. In particular, Rmn-Grand Palais does not guarantee that the user will use the Website and its features without any interruptions or errors. Rmn-Grand Palais also does not guarantee the accuracy of the information available on its Website to the user, nor the uses or interpretations that users may make of them.

Users accept that Rmn-Grand Palais may suspend access to the Website and/or to all or part of the features at any time, for periods that are not pre-defined, or may at any time put an end to all or part of the features for essential technical, legal or operational reasons; insofar as possible, Rmn-Grand Palais will notify users thereof.

In the same vein, and for any reason whatsoever, Rmn-Grand Palais reserves the possibility to remove one or several images or any other contents from its Website at any given moment.

In no manner whatsoever will Rmn-Grand Palais be held liable to a user for any direct or indirect damage, including loss of use, profits or data which may be linked in any manner whatsoever to the exploitation or use of all or part of the Website. In the same manner, Rmn-Grand Palais shall not be held liable under any circumstances in the event that any use of the Website and/or features and/or images by the user is contrary to these T&C or in breach of French legislation, in particular any fraudulent or counterfeit use, impersonation of identity, or any other breaches of the rights of third parties.

7. Miscellaneous

If one or more terms of these T&C are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other terms shall retain their full force and scope, barring any public policy to the contrary.

Rmn-Grand Palais can amend the present T&C at any time. These amendments shall be binding on the user of the Website as soon as they are published online.

Barring public policy to the contrary, the entire Website is governed by French law; any dispute arising over the aforementioned provisions is under the sole jurisdiction of the Paris Tribunal de Grande Instance.

© Paris, 2016, Rmn-Grand Palais