The present general conditions of use (hereafter GCU) aim in particular to set forth the conditions under which the user (User as defined hereafter) may, firstly, have access to the Photo Library (hereafter Photo Library) of the Brittany Regional Tourism Committee (hereafter BRTC), and secondly, make use of the photographs originating therein.
ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
Before being granted any access to the Photo Library, the User shall accept, without reservation, all of the GCU and must, where applicable, declare that he or she is empowered to act on behalf of and in the name of the person, company or body that he or she represents. In doing so the User shall accept personal responsibility and responsibility on behalf of the person, company or body that he or she represents.
Failure to accept the GCU shall exclude the User from proceeding to create an account or gaining access to the Photo Library.
The Photo Library, its contents and the GCU may be modified by the BRTC at its discretion and without prior warning. The BRTC may not be held responsible for any consequences of such modifications. It is therefore incumbent upon the User to keep himself or herself informed of any changes that may have occurred, so that they may be aware of the new conditions in force. It shall be understood that each new consultation of the Photo Library implies acceptance of the modified GCU.
OPENING A USER ACCOUNT & CONFIDENTIALITY OF IDENTITY DATA
Any User wishing to have access to the Photo Library of the BRTC must complete an application form to open an account and supply correct and precise personal details.
After this application has been accepted (the BRTC reserves the absolute right to refuse applications without being obliged to give a reason), the User shall receive by e-mail, an identification code together with a password which will allow him or her access to the Photo Library.
Applicants are reminded that the identity data (which is personal, confidential and non-transmissible to any third party) are the sole responsibility of the User.
In order to maintain the confidentiality of the identification code and password, the User is requested not to pass these on to anyone else and to inform the BRTC without delay should any part of the identity code or password be lost and/or stolen.
In the event that the User should lose his or her password, he or she will be asked to click on the ‘Lost password’ link and to supply the information requested (surname, forename, identification code, etc.) The password will then be sent to him or her by e-mail in the next few minutes.
USERS & USE OF THE PHOTO LIBRARY
Access to the Photo Library and to photographs originating therein is reserved exclusively for Users who are involved in the tourist industry in Brittany and press.
This category includes: staff or members of the DCBKB, the Regional Tourism Committee; staff or members of institutions or associations which are partners of the RTC, including those on the following list, which should not be regarded as exhaustive: the regional Council of Brittany, the Departmental Tourism Committee, Tourist Offices, Pays Touristiques (Tourism areas); professionals in the tourism sector as defined by the Ministry for the Economy, Industry and Employment.
AUTHORISED AND UNAUTHORISED USE
The sole purpose of the photographs is publicity and promotion, in France or abroad, of Brittany as a holiday destination. Any other use is strictly forbidden unless explicit prior consent of the DCBKB /BRTC has been given. The following, non-exhaustive, list of unauthorised uses includes all commercial, advertising, party-political, immoral, defamatory, and insulting uses, use for the purpose of denigrating persons, institutions or companies and properties, and/or any other use that is contrary to French law or to laws in force in the country or countries in which the photographs might be used, and/or any association with distinctive signs other than those of the Brittany Region.
Users are reminded that:
- Capture of information relating to individual names, for purposes including (but not excluding other purposes) that of adding such information to databases used for trade and/or advertising is forbidden and liable to incur legal proceedings.
- Any commercial use, reproduction and / or presentation, whether in whole or in part, by any process whatsoever (currently available or available in future) of the Photo Library and/or of photographs without the permission of the DCBKB /BRTC is forbidden and liable to result in legal proceedings;
- Any form of adaptation (re-sizing, caption changes, etc.) is forbidden without the prior written authorisation of the DCBKB /BRTC.
- In the case of photographs used on the Internet, except with the prior written agreement of the DCBKB /BRTC, they may only be used to illustrate a site with a maximum size not exceeding 1280 x 1024 pixels (and with a maximum resolution not exceeding 72 dpi). They may not be made available for download or copying in a resolution or at a size that would make them easy to reproduce as a high-resolution image.
Each photograph is accompanied by an information label. Before ordering photographs it is in the interests of the User to check this label to ensure that the range of allowable uses granted by the BRTC is compatible with the intended use.
Then, having put the photograph or photographs into his or her ‘basket’, the User must complete the download form provided for this purpose.
The User is reminded that the rights to make use of the photograph, and to reproduce and/or represent it are granted for the purposes of a single (1) publication. The latter must have been identified on the download form.
Any re-publication and/or new use is subject to a new order and new authorisation.
INTELLECTUALPROPERTY RIGHTS AND IMAGE RIGHTS
All photographs, images, distinctive signs, drawings and/or other information (this is not an exhaustive list) originating from the present Photo Library remain the property of the DCBKB /BRTC (or are subject to permission for use granted to the DCBKB /BRTC) and are subject to copyright and image rights (property and persons). Consequently, failure to comply with copyright and/or restrictions relating to images of property or persons will render the offender liable to legal proceedings.
In the light of the foregoing, the DCBKB /BRTC grants the User permission for non-exclusive, defined use, on a temporary basis, of the photographs selected. The User, who agrees to be bound by strict observance of the GCU, the restrictions shown on the information label attached to each photograph, and any other additional conditions that might be agreed between him or her and the DCBKB /BRTC, shall agree to refrain from transferring and/or conceding (whether in whole or in part and whether freely or subject to payment of any kind) any rights and/or media pertaining to the DCBKB /BRTC and arising from the photograph or photographs.
No photograph may be modified without the prior written agreement of the DCBKB /BRTC. Resizing required for page layout (which should not distort the photograph) is also be subject to the same agreement. Should the DCBKB /BRTC allow the User to modify one or more photographs, he or she is reminded that, in accordance with the law, the rights arising from the work thus obtained do not become the property of the User.
In addition, the User shall undertake not to distort or misrepresent the photograph or photographs and shall also refrain from using all or part of the photograph(s) in a context that would damage the DCBKB /BRTC, the authors of the photograph(s) and/or any person or persons shown in the photograph(s) (this is not an exhaustive list).
COMPULSORY REFERENCE TO COPYRIGHT
When reproducing and/or publishing and/or representing one or more photographs, the User shall undertake to reproduce in a legible manner and close to the photographs (or in an attached list), the copyright mentioned on the information label attached to the photograph (“© / name of the photographer / DCBKB /BRTC”). Failure to provide such references may lead to legal proceedings.
EVIDENCE OF PUBLICATION
Within the calendar month following publication of the photograph, the User undertakes to send evidence of its publication to the DCBKB /BRTC.
RETENTION & COPIES OF PHOTOGRAPHS
It is explicitly stated that retention and/or copying of all or any part of the photographs, in whatsoever form, is not permitted beyond the period of use agreed by the DCBKB /BRTC.
The site which hosts the Photo Library has been the subject of a personal data processing declaration to the French Data Protection Authority (CNIL).
In accordance with Law n° 78-17 of 6 January 1978, amended by Law n° 2004-801 of 6 August 2004, relating to information processing, files and freedoms, the User shall have rights of access, rectification and opposition.
Therefore, in response to a simple written request by the User, sent by post to the following address:
, the DCBKB /BRTC will rectify, complete, clarify, update and/or remove such personal data.
Régional du Tourisme de Bretagne
1, rue Raoul Ponchon
069 RENNES Cedex
+33 (0)2 99 28 44 38
These details, which will enable the DCBKB /BRTC to manage membership, queries and orders submitted by Users, are restricted to internal use and will not be subject to any form of commercial exploitation, nor will they be transferred to any party for commercial purposes and/or commercial canvassing.
For further information on protection of personal data users are invited to consult the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés) website, ‘cnil.fr’.
The Photo Library is accessible via the Internet 24 hours a day and 7 days a week, except in the event of force majeure, events outside the control of the DCBKB /BRTC and/or the host, breakdowns and/or work to update and/or maintain the services provided.
The DCBKB /BRTC undertakes to do its utmost to ensure a good quality of access to the Photo Library and to maintain reliability and speed of on-line provision of the data that it makes available.
The User states that he or she is aware of and accepts the characteristics and limitations of the transmission of information via the Internet, and agrees to bear the costs of his or her own connection to the network.
Consequently the DCBKB /BRTC cannot guarantee the absence of anomalies during publication either in the input and/or display on screen and/or in hard copy. It is also the responsibility of the User to ensure that the technical characteristics of the hardware and software that he or she uses enable satisfactory access to the Photo Library, and to take all appropriate steps to avoid contamination by any viruses that might be present.
Under all circumstances, the User shall explicitly recognise that the DCBKB /BRTC can in no case be held responsible for any damage and/or loss, whether direct or indirect, resulting from a virus, hacking by a third party, loss of data and/or a programme, an interrupted connection, a server breakdown, an electrical problem, access times for the Photo Library, difficulties encountered by the User in connecting, consulting and/or downloading, mistakes, indexing errors, delays in publishing data on line, and/or any other anomalies (this list is not exhaustive).
The User will make use of the photographs in accordance with the GCU and the agreements made with the DCBKB /BRTC.
In the event that the User fails to act in accordance with any or all of the rules forming part of the GCU and or deriving from permissions granted, the DCBKB /BRTC reserves the right to suspend and/or restrict and/or forbid access to the Photo Library and to do so without prejudice to any legal proceedings.
Furthermore, in the event of improper use, the User shall indemnify the DCBKB /BRTC against any recourse in law, prosecution, claim and/or other demand formulated by any third party resulting from unauthorised use of the photographs.
Any dispute regarding the interpretation and/or implementation of the present GCU shall fall within the sole and exclusive jurisdiction of the Rennes Court of Appeal, even where there shall be more than one defendant or claims for contribution from a third party. Judgment shall be carried out under French Law.
If you require further information
you can find full details in French regarding copyright for photographs and images in an article at the following address
les Droits d'auteur en photographie et Droits à l'image