General conditions of use
GENERAL CONDITONS OF USE FOR PHOTOGRAPHS, VIDEOS AND ALL OTHER MEDIA IN THE O'HARA MEDIA LIBRARY
The purpose of the general conditions of use (hereinafter “GCU”) is to establish the conditions under which the user (“User”, as identified hereinafter) may, on one hand, access the O'HARA Media Library (hereinafter “Media Library”), and, on the other, use the Photographs, videos, plans, VLD or other documentation (hereinafter “Visual(s)”) contained therein.
Any request for use of photographs received via the website http://media.mobilhome-ohara.com will be dealt with as quickly as possible.
ACCEPTANCE OF THE GENERAL CONDITIONS FOR USE
Access to and use of this site are subject to the present GCUs, outlined below, which constitute the only agreement between O'HARA and the User, and also to the legal provisions currently in force. By accessing this site, the User agrees to these conditions without limitation or reserve.
Their purpose is to inform the User of the nature of the services to which he/she is entitled when using the Media Library, as well as the rights and obligations to which he/she must refer when using this service, these conditions being considered as read and expressly accepted by the User.
If the User does not accept the GCUs, he/she will not be permitted to create an account or to use the Visuals.
The Media Library, the Visuals and the GCUs may be modified without prior notice, at the discretion of O'HARA, and the latter may not be held liable for the consequences of any such modification. Consequently, the User undertakes to read and familiarise him/herself with these conditions upon each use.
ACCESS TO THE MEDIA LIBRARY- LOGIN
Access to the Media Library gives users private, non-exclusive user rights to this Media Library. Visuals obtained may not, under any circumstances, be provided to third parties.
Upon his/her first visit, the User must make an access request by means of a registration form, mentioning, in particular, his/her title, surname, first name, company, activity, email, phone number, address and the intended use for which he/she requires photographs of O'HARA mobile homes. O'HARA reserves the right to refuse access, or to suspend or terminate authorised accounts, at their sole and exclusive discretion.
If the account is authorised, a confirmation email will be sent to the user, who will then be able to connect using a password which he/she is free to manage. The user name and password are strictly personal, are to be used only by the user identified in the access request form, who is expressly forbidden from supplying this password to any other person for any purpose.
Users are reminded that they have sole responsibility for these personal, confidential and non-transferable login details.
In order to maintain the confidentiality of the user name and password, the user is requested to refrain from supplying these login details to any other person. If the User loses his/her login details, he/she can regain access to the account by clicking on the forgotten password link and providing the information requested (surname, first name, user name etc.). His/her password will then be sent by email. The User is responsible for any downloads carried out using his/her account, and any damages that may result from potential fraudulent use. The User will be deemed to have carried out all logins and/or uses of Visuals performed using the said user name, and will be solely responsible for such actions.
USE OF PHOTOS
The Visuals available in the Media Library are intended for use in the User’s publications. Their sole purpose is to illustrate and promote O'HARA mobile homes, and they may not be used for directly commercial purposes or for profit.
In particular, it is forbidden to use the content for any commercial, advertising, design-related, immoral, defamatory or damaging ends, intended to be denigrate persons (natural or legal) and goods, and/or any other usage contravening the laws currently in force in France or the country in which the Visuals are to be used. Any other use, by any means and in any form, requires prior written consent from the O'HARA Marketing department.
The right to reproduce and display Visuals is granted exclusively to the User upon registration, free of charge and on a non-exclusive basis. If the image is manipulated or modified, the User is considered to have created a derivative work. In accordance with current copyright legislation, the creator of the original image is considered to be the owner of the intellectual property. Consequently, the User is not the copyright holder for the derivative work, as he/she is not the owner of the original work. In any event, all use, reproduction and/or display of the Media Library and/or the Visuals therein contained, in part or in full, by any means (current or future), without the authorisation of O'HARA.
PROOF OF PUBLICATION
Proof of publication of the images used must be sent to the O'HARA Marketing department upon request from the latter (copy of magazine, URL of website, PDF, address of website where the photographs are published or screen shot etc.).
All Visuals contained within the Media Library are the exclusive property of O'HARA or copyright-holding third parties who have authorised O'HARA to supply them. They are royalty-free exclusively when used for the promotion of O'HARA mobile homes.
O'HARA is the exclusive holder of both moral and patrimonial rights pertaining to the Media Library content. All reproduction, copy, distribution, sale, publication and all other forms of publication are strictly prohibited, except where written permission has been issued by O'HARA, or in the case of analyses and short quotations which clearly indicate the source and original author, if such a use if justified by the critical, polemical, pedagogical, scientific or informative nature of the work within which they appear.
Use of the Media Library does not, under any circumstances imply any cessation of rights, these remaining the exclusive property of O'HARA.
Any fraudulent use of all or part of the Media Library will be deemed to be forgery and may result in prosecution.
Any use of all or part of the Visuals which does not comply with the above-stated terms and conditions is expressly forbidden and will be deemed to constitute forgery, and will be dealt with in accordance with the provisions of articles L 335-2 and following of the Intellectual Property Code.
PHOTO CREDIT- COMPULSORY NOTE
The photo credit, the name of the photograph and/or image as appears on the image sheet provided for each visual, video or other media must be included in any reproduction, and failure to do so will result in O'HARA having the right to claim compensation for failure to identify. If there is no photo credit associated with a visual in the Media Library, the document used must carry the following note: © O'HARA - Groupe Bénéteau
WARRANTY EXCLUSIONS AND LIMITS OF LIABILITY
Work appearing in this Media Library is provided “as is” and O'HARA offers no warranty, either explicit or implied. The User is held fully liable for the selection made on O'HARA, and for his/her use of the Visuals supplied. O'HARA cannot be held responsible for any potential direct or indirect damage which may be caused as a result of the content of the Media Library.
In the case of any action against O'HARA, litigious or otherwise, as the result of illicit use of the media by a Media Library User, said User undertakes to intervene in the dispute and to compensate O'HARA for any sum which it may be obliged to spend (damages and interest, legal fees, etc.) O'HARA also reserves the right to take any measures necessary against the User in the case of illicit use of the Visuals by the latter (and ban him/her from accessing the Media Library).
PROTECTION OF PERSONAL DATA
When the User fills in the registration form in order to access the Media Library, all profile information is saved in the administrator file. The User may access this profile at any time and make changes if necessary, by accessing the “My Account” section. In the same section, Users are also free to change the password.
None of the personal data collected are accessible to the public, nor will they be provided to third parties.
In accordance with Act n° 78-17 of 6 January 1978 regarding information technology, files and civil liberties, all persons have the right to access their own personal data (arts. 34 to 38 of the act), to make corrections (art. 36) and to contest this information (art. 26). In order to exercise these rights, the User must write to the O'HARA Marketing Department using the following details:
Marketing Service O'Hara
ZA de la Folie - Rue Charles Tellier
La Chaize le Vicomte
85036 La Roche sur Yon Cedex
Phone: +33 (0)251262028
Company Register Number (RCS) 511 239 915, La Roche sur Yon
VAT No: FR86 511 239 915
Company Capital: 12,868,000 Euros
APPLICABLE LAWS, COMPETENT JURISDICTION AND CONTRACTUAL DOCUMENTS
The present conditions of use are governed by French law. Any use which does not comply with the Media Library conditions of use may lead to legal proceedings being brought within the competent jurisdiction.