Terms and conditions for the use of the Calvados Tourist Board on-line media library
Consultation and use of images, videos and other data proposed by the Calvados Tourist Board (Calvados Attractivité) on its website https://photo.calvados.fr implies total and full acceptance of the present general terms and conditions:
These terms and conditions for use are expressly subjected to the provisions set forth in the French Intellectual Property Code.
Access to data is exclusively reserved to individuals whose intention is to promote tourism and attractiveness in the French département of Calvados.
Photographs, videos and any other file obtained via the media library may, under no circumstances, be reproduced for commercial use.
Any representation, in part or in whole, of this website by any process whatsoever, without explicit prior authorisation from Calvados Attractivité, is prohibited and will be considered as counterfeit, punishable according to articles L. 335-2 and following of the French Intellectual Property Code.
ACCESS TO THE MEDIA LIBRARY
All users may access the media library free of charge.
The user may access the media library along with certain content files, as determined by Calvados Attractivité, without creating an account, or may access other content files, as determined by Calvados Attractivité, by previously creating an account, in accordance with the conditions below:
Access without creating an account
All users accessing the media library without creating an account may view and download contents for personal use in the 'Free access' pages which include a limited and predefined selection of photographs chosen by Calvados Attractivité and with a mandatory watermark.
Access with account creation
Any user wishing to access a wider range of media library contents, within the conditions set forth below, must create an account. To do so, the User must request to register via the 'registration' page, by completing all necessary fields on the appropriate form. Account creation is only effective after validation of the requested registration by Calvados Attractivité.
Calvados Attractivité reserves the right to refuse any registration request, without justification, by informing the user concerned.
There are several user categories, as listed below, which require account creation:
- Tour Operator / Coach operator / Incoming agency
- Departmental (@county/district) council
- Tourist office
- Institutional partner: Regional Tourist Board, Regional Council, Préfecture, Local Councils, EPCI (Public Establishment for Intercommunal Cooperation), etc.
- Tourism partner: any tourism organisation within the Calvados area
- Communication agency, exclusively within the framework of work commissioned by Calvados Attractivité
- Other: any individual not included in the aforementioned categories
When creating an account, the user must provide his/her appropriate user category.
The scope of the rights conceded to the user with regard to provided contents varies depending on his/her user category, following the creation of an account as specified hereafter.
Should Calvados Attractivité have validated the registration request made by a user, the said user's account shall be created and the user shall receive e-mail confirmation of his/her registration. This enables access to the appropriate contents, based on the user category, via the media library.
Calvados Attractivité reserves the right to close any account should the information provided by the user prove to be erroneous, incorrect or no longer valid.
The personal identifier and password are exclusive to each user.
In order to ensure the confidentiality of his/her identifier and password, the user agrees not to transmit, for any reason whatever, his/her identifier and password to any third party and agrees to immediately inform Calvados Attractivité in the case of suspected or confirmed loss and/or theft of any such element.
Should the user lose his/her password, he/she shall be invited to click on the 'Forgotten password' button. As quickly as possible, his/her usual password shall then be sent by e-mail to the address provided for the given identifier.
The user is free to modify any personal information at any time, via the 'My account' section.
The user has the sole responsibility for all information entered to his/her profile during account creation.
The user has the sole responsibility for any damage he/she may be subjected to or cause due to incorrect, incomplete and/or misleading information that he/she may have provided during the creation of his/her account or due to the absence of update of the said information. Calvados Attractivité may, under no circumstances, be held responsible for any such damage.
AUTHORISED USE OF MEDIA LIBRARY DATA – MANDATORY PHOTO CREDIT
Visual contents presented on the website https://photo.calvados.fr are exclusively reserved for illustration of all or part of the département of Calvados in communication tools and media, in digital or paper format, broadcast or disseminated free of charge or in press articles.
Any use for commercial publication (postcards, advertising, posters/billboards, etc.) and purchased display surfaces are excluded from authorised use.
Excluded rights: any other form of use must be negotiated separately with the photographer, in particular for purchased advertising space.
The user agrees, in all cases, to mention, in visible, apparent characters placed alongside each visual content, a 'Calvados Attractivité' credit and the name of the author of the image in question, in the following format: '© photographer's name / Calvados Attractivité'.
Furthermore, the user agrees to abide by all indications and restrictions specified in the photo captions that appear on the media library website.
Calvados Attractivité is the holder of all rights for use of all loaned photographs. Nevertheless, it shall be in no way held responsible for any potential claim, proceedings, complaint or request from any individual, in particular with regard to right to the image of a person, nor for the production, reproduction, publication, telecommunication and public dissemination by the user of one or several photographs he/she may have reframed or modified in any other manner.
The production of any duplicate photographs by the user or by any other third party is strictly forbidden.
It is strictly forbidden to modify, in any manner whatsoever, photographs, videos and any other downloaded file, unless prior agreement and written permission have been obtained from Calvados Attractivité.
Data (photographs, videos and other files) obtained via the media library must be exclusively used in abidance with all rights afforded to them. In particular, it is forbidden for the user to forward to any other party or to republish any photographs he/she has downloaded, unless written permission has been obtained from Calvados Attractivité.
PROOF OF PUBLICATION
The user agrees to forward proof of publication by post to Calvados Attractivité - 8 rue Renoir – 14000 CAEN or by e-mail to firstname.lastname@example.org, indicating the link of the website using the photographs.
DURATION AND TERMINATION
The present general terms and conditions are concluded for an indefinite term as from their acceptance by the user.
The user may terminate the present general terms and conditions at any time and without prior notice, by deleting his/her account and by further refraining from using the media library.
Should one or several of the obligations set forth in the present general terms and conditions fail to be abided by by a user and without prejudice to any applicable civil and/or penal sanctions on the grounds of any violation of third party rights that this may user may be subject to, Calvados Attractivité reserves the right to immediately, ipso juro, and without prior notice, terminate the present general terms and conditions concluded with the user and, consequently, cancel this user's access to the media library, including the immediate suspension or closure of his/her account and prevent the concerned user from accessing the site, without prejudice to any damage or compensation Calvados Attractivité may have right of claim to.
UPDATE AND MODIFICATION TO THE GENERAL TERMS AND CONDITIONS
Calvados Attractivité reserves the right to modify all or part of the present general terms and conditions at any time and without prior notice.
In this case, Calvados Attractivité shall notify the user, by e-mail or via the media library, of the modifications made to the present general terms and conditions as soon as they are published on the media library website.
Should the user refuse to agree to the new general terms and conditions, he/she may duly inform Calvados Attractivité by electronic mail within twenty-four (24) hours of the date of the said notification.
Should the user fail to notify of his/her disagreement within the aforementioned time limit, he/she shall be deemed to have accepted the modifications and any use made of the media library by the user shall be governed by the new general terms and conditions.
GENERAL RULES PERTAINING TO DATA PROTECTION (GDPR)
The General Data Protection Regulation (GDPR), a new European level regulation, entered into force on the 25th of May 2018. Personal data refers to 'any information pertaining to a physical or identifiable person'. An 'identifiable physical person' is 'any physical person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, identification number, location data, an on-line identifier or one or several specific features that are particular to his/her physical, physiological, genetic, psychical, economic, cultural or social identity'.
Personal data which the user may be required to provide to Calvados Attractivité on the media library website in response to requests for information or details within the framework of an account creation shall be collected and processed in a loyal and honest manner and shall be exclusively used within the context of media library management.
Any user may, whenever he/she wishes, download or delete his/her personal information, and Calvados Attractivité is obliged to delete any data pertaining to this user. To do so, the user can consult the 'My account' section of the website, which is accessible whenever connected to the said site.
APPLICABLE LAWS, COMPETENT COURTS AND CONTRACTUAL DOCUMENTS
The present conditions for use are governed by applicable law in France. Any non-conforming use of the conditions of use of the Calvados Attractivité media library may lead to legal proceedings in competent courts of law.