Legal Notice

Dear Customer ASH :

The following provisions constitute a legal agreement between you, the employer or any other entity on whose behalf you enter into this Agreement (“you” or “Client”) and: J Daniel Bécache, 2 rue du General Lecerc, 94270 Kremlin Bicêtre

The term “Image (s)” means photographs, vectorial images, drawings and the like available for licensing from the African Stock Heritage website.

The term “Video” applies to moving images, animations, movies, videos or other visual / audio representations, excluding still images, recorded in any format and available for license from the African website Stock Heritage.

The term “visual content” will collectively refer to Images and Videos.

The following Terms of Service constitute an agreement between the Customer and African Stock Heritage defining the rights and obligations with respect to the Visual Content licensed by you. By accepting the Terms of Service, you agree that these Terms and Conditions control your rights and obligations with respect to all licenses of Visual Content set forth herein.

THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT.

SECTION I: VISUAL CONTENT LICENSES

African Stock Heritage hereby grants you a non-exclusive, non-transferable, non-transferable right to use, modify and reproduce International Visual Content in perpetuity to the fullest extent permitted by the applicable license and subject to Restrictions defined herein:

  1. LICENSES FOR IMAGES

    1. A LICENSE FOR STANDARD IMAGES grants you the right to use the Images:

      1. As digital reproduction, including on websites, on-line advertisements, social networks, mobile advertisements, mobile apps, software, electronic cards, electronic publications (eBooks, webzines, Blogs, etc.) and in online media

      2. Printed physical version for packaging and labeling of products, letterhead and business cards, point of sale advertisements, billboards, CD and DVD covers, or in advertising and The copy of tangible media, including magazines, newspapers and books.

      3. As part of an outdoor advertising campaign

      4. Integrated into films, videos, television series, commercials or other multimedia productions intended for distribution in any current or future medium (each a “Production”), regardless of the scale of the audience, provided that The Production budget does not exceed € 10,000;

      5. For your personal use and non-commercial use (not for resale, downloading, distribution, or for any other commercial use).

LICENSES FOR VIDEOS

  1. VIDEO UTILIZATION LICENSE grants you the right to use the Videos:

    1. In Productions (eg, a film, video, television series, ad or other multimedia production) displayed or distributed to the public via known or future means provided the audience for such production does not exceed 500,000;

    2. In relation to a live performance provided the audience does not exceed 300,000;

    3. On websites.

  1. A VIDEO MODEL LICENSE grants you the right to use low-resolution videos, watermarked as a mock-up (the “Video Mockup”) only in raw, mock-up, sample or test media. Video master licenses do not allow you to display or distribute to the public or to include such videos in final media. The video template can be edited, but you can not delete or modify the African Stock Heritage watermark. The Video Mockup is available with a license under the license to use the mock-up at the time of download as a Video Mock-up, but African Stock Heritage does not warrant or have any obligation to ensure the availability Of the license for the Video Mockup at any time thereafter.

RESTRICTIONS ON THE USE OF VISUAL CONTENT

YOU CAN NOT :

  1. Use the Visual Content in a manner other than that expressly defined by the license you have purchased for such Visual Content.

  2. Representing any person in Visual Content (a “Model”) in a manner that a reasonable person would find offensive, including but not limited to the representation of a Model: (a) in relation to pornography, Adults, adult entertainment venues, escort services, dating services, or the like; (B) in connection with the advertising or promotion of tobacco products; (C) in a political context, such as promotion, publicity or support for a political party, candidate, elected representative or political strategy or opinion; (D) suffering from, or undergoing treatment for, a mental or physical condition; Or (e) engaging in criminal or immoral activities.

  3. Use of Visual Content in a pornographic, defamatory or deceptive context, or in a manner that may be considered defamatory, obscene or illegal.

  4. Use any visual content marked “Editorial Use Only” for commercial purposes.

  5. Resell, redistribute, give access to, share or transfer all Visual Content except as specifically provided in these Terms. For example, and without limitation, the foregoing prohibits the display of Content as, or part of, a “gallery” of contents through which third parties may search for and select such content.

  6. Use any Visual Content in a manner that infringes the trademark or any third party intellectual property, or that results in a claim for misleading advertising or unfair competition.

  7. Use Visual Content (in whole or in part) as a trademark, service mark, logo or other indication of origin, or as an integral part of it.

  8. Use still images captured from a Video for purposes other than marketing, context, promotion and advertising of your derivative works incorporating the Video.

  9. Falsely, explicitly or misleadingly claim that Visual Content was created by you or someone other than the copyright holder of such Visual Content.

     

COPYRIGHT NOTICES AND MENTIONS
The use of visual content in an “editorial” context should be accompanied by a mention of the adjoining author for the contributor, in the following form:

« Artist name / African Stock Heritage.com »

  1. If and in commercially reasonable situations, the use of Visual Content in Commercial Products or a Production shall be accompanied by an authoritative statement for African Stock Heritage in substantially the following form:

« Image (s) or Video (s) (if any) used with the license of African Stock Heritage.com »

  1. Source references are not required for any other use of Images, unless other content provided is acknowledged as part of the same use.

  2. In all cases, author’s endorsements and references to sources must be of such size, color and importance, so as to be clearly and easily legible to the naked eye.

 

 

SECTION II: WARRANTIES AND DECLARATIONS

African Stock Heritage guarantees and ensures that:

  1. African Stock Heritage contributors have granted African Stock Heritage all necessary rights to their Visual Content in order to grant the rights set forth in Section I, as applicable.

  2. Visual Content in its original unchanged form and used in full compliance with these Terms and Conditions of Use and applicable laws: (i) will not infringe any copyright, trademark or other intellectual property rights; (Ii) will not infringe the privacy and publicity rights of third parties; (Iii) will not violate any laws, acts, ordinances or regulations of the United States; Or (iv) shall not be defamatory, libelous, pornographic or obscene.

Although African Stock Heritage makes every effort to ensure the accuracy of the keywords and descriptions, as well as the integrity of the Visual Content designed for “editorial use only”, African Stock Heritage MAKES NO WARRANTIES AND / OR MAKES NO WARRANTIES DECLARATION AS TO: (I) KEYWORDS, TITLES OR DESCRIPTIONS; II) AUDIO AND VIDEO CONTENT; OR III) VISUAL CONTENT FOR “EDITORIAL USE ONLY”. For the sake of clarity, African Stock Heritage will not indemnify or hold harmless any claims arising out of inaccurate keywords, titles or descriptions, any audio content included in videos, or the use of Visual Content Intended for “editorial use only”.

  1. African Stock Heritage MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE SPECIFIED IN THIS SECTION “WARRANTIES AND REPRESENTATIONS”.

SECTION III: Compensation and Liability

Subject to the terms and conditions set forth herein, and provided that you have not violated the terms of this agreement or any other agreement with African Stock Heritage, African Stock Heritage shall defend, indemnify and hold harmless In the applicable “Limitation of Liability” (as defined below). Such compensation shall be limited only to direct damages suffered by the Customer as a result of a claim by a third party directly attributable to the violation of the express statements and warranties of African Stock Heritage set out in Section II in conjunction with the expenses (Including reasonable attorney’s fees). Indemnification applies provided that you notify African Stock Heritage, in writing, of any claim or threat thereof within five (5) business days of the date you become aware or should reasonably Knowledge of the claim or the threat of a claim. This notification must include all the details of the claim you are aware of (eg, use of problem visual content, name and contact information of the person and / or entity from which the complaint originated). The nature and date of the claim, copies of all correspondence received and / or sent in connection with such claim). This notice must be sent by e-mail or fax to African Stock Heritage. African Stock Heritage has the right to assume the processing, settlement or defense of any claim or dispute to which such compensation applies. You agree to cooperate with African Stock Heritage in the defense of such a claim and you will have the right to participate in any litigation proceedings at your expense. You agree that African Stock Heritage shall not be liable for legal costs and / or any other costs incurred by you or on your behalf before African Stock Heritage has had a reasonable opportunity to analyze the validity of such claim.

African Stock Heritage shall not be liable for any damages, costs or losses resulting from changes in the Visual Content or the context in which you use such Visual Content.

  1. Limitations of Liability: The maximum liability and liability of African Stock Heritage (the “Limitation of Liability”) arising from each customer:

    1. Licenses for standard images must be EUR 10 000

    2. Licenses for the use of videos must be EUR 10 000

You will indemnify African Stock Heritage, its legal representatives, employees, shareholders, directors, officers, members and suppliers against any damage or liability arising from the use of the Visual Content other than those expressly permitted by these Terms of Use Of the service. You also agree to indemnify African Stock Heritage for all costs and expenses incurred by African Stock Heritage in the event of non-compliance by you with any of the terms of this contract or any other contract that binds you to African Stock Heritage

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