1.1 The present general conditions determine your right to use photographs, illustrations, animations, videos, films, and other content made available by Carlin on planete-carlin.paris (hereafter, the “Site”) or in any other manner.
If you are acting in the name and on behalf of your employer, your client, or another entity, you acknowledge that:
you are acting as an authorized representative and you have the power to engage the responsibility of said employer, client, or entity; and
if your representative authority is contested, you will be responsible for any failure on the part of the employer, client, or entity to honor the terms of the present general conditions. Nothing in this section shall free you from your payment obligations of the various Content usage fees.
2.1 “You” means you or, if you act in the name and on behalf of your employer, your client, or the member account owner, “you” means the employer, client, or account owner;
2.2 “Carlin,” “we,” or “us” means the Carlin International Group, société anonyme with a capital of 220,000€, registered with the Paris Registre de commerce et des sociétés under the number B 331 153 221, and having its siège social at 79 rue de Miromesnil, 75008 Paris (France), as well as the subsidiaries of the Carlin Group;
2.3 “Content” means any Flash file, film, or image, vector image, drawing, illustration, animation, video sequence, visual or audio representation, whether electronic, digital, or generated by any other means, or any other medium or element that you download from the Site, as well as any digital notebook, minutes, or other report available on the Site, and any relevant documentation.
2.4 “Site” means the “planete-carlin.paris” site.
By virtue of this agreement, Carlin grants you a worldwide, non-exclusive, non-transferable license, which may not be sub-licensed. It does not allow you to use, display, manipulate, or reproduce Content belonging to Carlin, in whole or in part, on any type of media or by any means, for any purpose. All other rights relating to the Content, including but not limited to copyright and other intellectual property rights, are reserved by Carlin or the Content provider, as the case may be.
Carlin agrees to make the digital book available to you on its Site during a period of two years, starting the day they are officially launched . Beyond this timeframe, Carlin shall not be held liable for the unavailability of any digital book.
Carlin reserves the right to revoke or modify the granted license and to replace the Content with similar content for any reason. In case of such replacement, the present license automatically applies to the replacement Content, and the replaced Content license is automatically terminated, except as regards existing products.
The use of all or part of the Site Content is prohibited in the following cases:
5.1 Any use of the Content that is not expressly authorized by the present general conditions constitutes a violation of intellectual property rights and authorizes Carlin to pursue any of its prerogatives in order to enforce its rights.
5.2 Carlin reserves the right to terminate the present general conditions and use of the Site in the following cases:
6.1 Validity of the general conditions
6.1.1 The present general conditions remain in effect for the entire duration of the Content use.
6.2 Obligation to stop using and to delete the Content
Upon notification by Carlin, or if you are aware of Content being the subject of a real or potential legal proceeding for infringement of the rights of a third party, for which Carlin could be held responsible, you must immediately and at your own expense:
7.1 Carlin offers no guarantees about the use of names, images of persons, brands, commercial identification elements, logos, trademarks, patents, or works of art or architecture represented in the Content. Consequently, it is your responsibility to determine whether authorizations are necessary for the planned use of the Content. It is your responsibility to obtain any required authorizations.
7.2 Despite all reasonable efforts on our part to classify the Content into the most relevant category and to give it appropriate keywords, title, and caption, Carlin does not guarantee the accuracy of this information. Furthermore, Carlin does not guarantee the accuracy of the metadata that may be provided with the Content.
7.3 THE CONTENT IS PROVIDED “AS-IS” WITHOUT ANY TYPE OF EXPRESS OF IMPLIED WARRANTY OF CONDITION, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR ADEQUACY FOR ANY PARTICULAR USE.
CARLIN DOES NOT GUARANTEE UNDER ANY CIRCUMSTANCES THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR FREE OF ERRORS. YOU AGREE TO ACCEPT ALL RISKS RELATED TO CONTENT QUALITY AND PERFORMANCE. IF THE CONTENT IS DEFECTIVE, YOU (AND NOT CARLIN) ASSUME ALL RISKS AND COSTS RELATED TO REQUIRED CORRECTIONS. SPECIFICALLY AND WITHOUT LIMITING THE GENERAL SCOPE OF THE AFOREMENTIONED, IF YOU DOWNLOAD A FILE IN ANY FORMAT WHATSOEVER, CARLIN DOES NOT OFFER ANY GUARANTEE ABOUT THE CONTENT RELATIVE TO PROPERTY, OR LEGAL, TECHNICAL OR OTHER REQUIREMENTS.
8.1 Intellectual Property
8.2 Third-Party Intellectual Property
8.2.1 Certain elements of the Content protected by copyright, trademark, patent, trade secret, or other intellectual property rights or treaties (collectively, “Intellectual Property Rights”) belong to third parties. In such cases, the source is noted. These Content elements are included in the Site for informational purposes only. Unless you have obtained prior written permission from the third parties who own the Intellectual Property Rights for these Content elements, Carlin does not grant any explicit or implicit authorization to use these Content elements. You agree to not copy, reprint, frame, link to, download, transfer, modify, adapt, use as the basis for derivative works, rent, lend, sell, attribute, distribute, exhibit, stage, license, or sub-license these elements. Furthermore, you agree to not use any data mining tools, robots, or other means of data or image collection in relation to the aforementioned elements.
NOTWITHSTANDING THE OTHER CLAUSES OF THESE GENERAL CONDITIONS, CARLIN CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGES, COSTS, OR LOSSES RESULTING FROM MODIFICATIONS YOU HAVE MADE TO THE CONTENT OR FROM THE CONTEXT IN WHICH YOU USE THE CONTENT.
9.1 Electronic Storage
For all Content delivered in electronic form, you must retain the copyright symbol, the Carlin name, the Content identification number, and any other information that may be contained in the electronic file that contains the original Content. You must ensure that there is an effective firewall so unauthorized third parties cannot access the Content.
9.3 Applicable Law and Jurisdiction
The present general conditions are subject to and interpreted by French law. The Parties agree that sole jurisdiction is that of Paris, including in interlocutory procedures or warranty appeals.
9.6 Totality of the General Conditions
Provisions may only be added or removed in writing, accepted in writing by the Parties or their legal representatives, or electronically sent out by Carlin and accepted by you or your authorized legal representative. The preceding terms notwithstanding, Carlin reserves the right to modify the provisions of the present general conditions at any time, and you agree to be subject to these modifications.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE PRESENT GENERAL CONDITIONS, YOU UNDERSTAND THEM, AND YOU HAVE HAD THE OPPORTUNITY TO OBTAIN INDEPENDENT LEGAL COUNSEL BEFORE ACCEPTING THEM. IN EXCHANGE FOR THE PROVISION OF CONTENT BY CARLIN, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE PRESENT GENERAL CONDITIONS. FURTHERMORE, YOU ACKNOWLEDGE THAT THE PRESENT GENERAL CONDITIONS CANCEL AND REPLACE ALL OTHER PRIOR PROPOSITIONS OR AGREEMENTS, WRITTEN OR VERBAL, CONCLUDED BETWEEN CARLIN AND YOURSELF AND RELATING TO THE PURPOSE OF THE PRESENT GENERAL CONDITIONS.