Our company will be hereinafter referred to as “the shipping agency”, your company will be hereinafter referred to as “the customer”.
Licensed Images RM (Rights Managed)
The rights-managed license indicates a type of contract that states that the right to use an image is defined at the time of purchase, setting a price to be paid by the supplier agency, which varies according to certain characteristics.
These may be the number of printed copies, the length of time for which it is being used, the size of the company that uses the image, the reference market, the media on which it will be printed, the changes from make it to the picture, and so on. A work can be sold through exclusive license rights-managed (thus giving the user the guarantee of being the only buyer of the resource), but this is not a binding condition for this type of license.
It is important to note that a rights-managed license is granted solely and exclusively for the use for which it is purchased. If the customer wants to use the purchased file a second time, he will need to purchase a new license.
Licensed Images RF (Royalty Free)
The Royalty-free license indicates a type of contract between the supplying agency and the customer, which occurs when the first grants the right to second use an image.
The royalty-free license allows that once the license has been acquired, the customer can use the image without time limits without having to incur additional costs, naturally following the license guidelines.
Conditions of Use of Images RM e RF
- You can use the images on the site www.photofoyer.it by downloading directly from the site, or, if sent to the customer via email, FTP or other electronic means or by physical means, only to the realization of layouts and presentations for internal use,.
- The use of the images must be agreed in advance with the supplier agency by written agreement (contract, order form, mail, etc …) or through a framework agreement of supply.
- You can create only one copy of the selected image on a single computer’s hard disk. This image can not be shared through an internet or intranet network.
- It is prohibited to save the image on removable mass storage (for example: USB media, CD-ROM or DVD, hard disk, etc.).
- Before making any use of the images, it is essential that the customer informs about their availability beforehand. The shipping agency does not guarantee that all of its images can always be used in all areas of merchandise, since images may be bound by customers who have requested exclusive sectors.
- Images are not rented exclusively unless expressly requested.
- The supplying agency does not sell or convey the use of its images for unlimited duration.
- Required images will be sent after receiving the order form issued by the supplying agency, duly completed and countersigned by the customer.
- The customer’s confirmation of order in accordance with paragraph 9 requires the use of the image at the agreed fare for the rights and the immediate issue of the relevant invoice. In case of non-use, the customer must send written communication to the shipping agency.
- a) If the communication is to be made within 3 (three) days from the date of the order confirmation, and in any case before the date of the right to sell the image right, the supplier will issue invoice only for technical costs an amount of 50 Euros.
- b) If the communication is to be made within 8 (eight) days of the order confirmation date, and in any case before the date on which the image is sold, the supplier will issue an invoice corresponding to 30% of the price agreed for the rights.
- c) If the communication is to be made within 30 (thirty) days of the order confirmation date, and in any case before the date on which the image is sold on the image, the supplier agency will issue an invoice corresponding to 50% of the price agreed for the rights.
- d) If the notice is received more than 30 (thirtieth) day from the date of order confirmation, the customer will have to match the entire agreed price for the rights.
- The supplying agency and the photographer do not respond, except in the form of assurance, of the availability of the image rights of the portrait (persons, marks, places, monuments, etc.). In any case, the liability of the supplier agency may not exceed the amount indicated and perceived on the invoice for the use of the material.
- The assignment to third parties of the reproduction rights shall be prohibited unless a written agreement is reached. The customer must strictly adhere to the use of the material for the agreed uses and in no case may use other uses unless agreed with the supplier agency in advance.
- The editing of legend and captions excludes any responsibility of the supplier agency.
- For editorial use and for online image distribution, it is essential to quote the name of the photographer followed by that of the supplier agency.
- An advertising agency or intermediary that requires a benefit to be made to a third-party customer / user will be held personally liable if the third party refuses to or can not fulfill the cash compensation. In that case, the intermediary will be required to dispose of the supply agency by paying the agreed price for the sale.
- The customer is obliged to send at least one copy of the proof to the supplier agency.
- The assignment of reproduction and dissemination rights excludes the purchase of material owned by the customer. All material must be deleted after use and in any case not later than 3 (three) months from the billing date.
- All shipping charges are to be borne by the customer.
- Any derogation from these terms is invalid without written permission from the supplying agency.
- Reproduction rights are not considered granted until payment of the relevant invoice has been made. Payment of invoices must be made by the expiry date indicated on them. The delay in payments never entails the acquiescence of Photofoyer and it follows the interest rate at the average bank rate in force. Failure to pay the full invoice in the agreed terms will automatically revoke the rights granted under art. 1460 civil code (exception of default) and any use will be considered abusive. Any derogation from these terms is invalid without the prior written permission of Photofoyer .
- The courts of Milan, Italy will have exclusive jurisdiction and territorial competence for all controversies between the user and Photofoyer .
WHO DOES NOT ACCEPT THE CONDITIONS OF LICENSE THEREFORE MUST HAVE TO ENSURE THAT YOU ARE PROHIBITED TO CONSULT AND USE THIS SITE.