GENERAL CONDITIONS OF SALE AND USE
This is a license agreement between you and WATUPiX that explains how you can use the videos (also called "content" or "image") from which you obtain the license from WATUPiX. By downloading these contents, you agree to the terms of this agreement.
The videos on the WATUPiX website are not sold, they belong to their authors whose names appear on each video. Only a license to use is granted per project, valid authorization for reproduction and / or representation as defined below.
No use of image or order will be possible in the absence of acceptance of the present general conditions by the licensee.
No refund, resumption, or exchange will be possible from the purchase of the videos via the site or any other digital support of WATUPiX.
The payment, downloading and use of videos from the WATUPiX site necessarily involve acceptance of the terms of these terms and conditions.
The acceptance of these general conditions by an employee on behalf of his employer has the consequence of subjecting the employee and the employer to all the conditions governing the license as well as the restrictions and limitations relating thereto.
In the event that the Licensee is acting / purchasing on behalf of the Employer or a third party, the Licensee shall:
- be able to guarantee WATUPiX that it holds full powers and authority to act on behalf of its employer or third party.
- undertake not to use the files obtained from WATUPiX for the benefit of other persons or companies without a new license being awarded by WATUPiX.
If the licensee does not have these powers, then his employer or client will not be able to use the content.
The purchased rights can only be owned by the person who is designated as a "licensee" at the time of purchase. In other words, if a licensee buys on behalf of his employer (or a third party), only one of them will be able to reuse that image in several projects under a free-of-charge license, for example.
All videos held by WATUPiX are protected by copyright, all the rights attached to it belonging to authors and licensors.
Authors and licensors retain all rights not specifically granted to the licensee.
The authors retain their moral right in their images and the assignment of a license to the licensee does not constitute waiver by the author of his moral right. Only the patrimonial right of the author is subject to an assignment of use license.
The right to use the videos distributed by WATUPiX is conditioned by the full payment of the sums due under the license and by the respect of the restrictions set out in the present general conditions.
I. PROCEDURE FOR VALIDATION OF A CONTROL ON THE INTERNET
The WATUPiX site is only open to professionals. Each registration will be asked for an identification number specific to each country (eg Siret for France).
How to place an order on the WATUPiX website:
1. Identification or creation of a professional account on the site
2. Selecting and placing desired videos in the basket
3. Acceptance of the General Conditions of License and Operation
4. Secure payment via CB or Paypal
5. Sending a download link after receiving the payment
6. Download selected video (s)
7. Sending the invoice
II. LICENSES OF OPERATIONS
Two types of licenses are offered on the site according to the videos:
The Royalty Free License (LLD): free of rights does not mean that the license is free. Royalty rights means that you pay the license fee once and you do not need to pay additional fees if you reuse the content. This content is licensed for unlimited use and for the duration of copyright (meaning that there is no expiration or termination date for your rights to use the content). The content can be used in any medium, digital or any other medium or format. The rights granted are non-exclusive, which means that you do not have exclusive rights to use the content. WATUPiX may grant licenses for the same content to other customers. If you wish to obtain exclusive rights to use royalty-free content, please contact WATUPiX to discuss the possibility of redemption of rights. The price of the product is determined in part by its file size and originality.
Managed Rights License (LDG): Rights-managed content is licensed for any type of use. Images can only appear in one project and / or work, per license purchased. The price is based on several factors such as size, location, originality, duration and broadcast territory. The rights are also non-exclusive, which means that you do not have exclusive rights to use the content, WATUPiX may grant licenses for the same content to other customers. Exclusive licenses may be available for rights-managed content for additional license fees. Please contact WATUPiX if you are interested in an exclusive content license.
The rights are granted to the licensee subject to:
- the full payment of the price of the chosen license,
- compliance with the terms notified on the invoice and the present general conditions.
WATUPiX will then grant Licensee a non-exclusive and non-transferable personal right to use and reproduce the selected videos for personal or commercial use worldwide and for the entire legal term of copyright protection in the the following conditions:
- Usage: depending on the type of License
- Duration of exploitation: legal period of protection of copyright
- Format / Dimensions: limited to downloaded format
- Obligatory credit to be mentioned in the work "© name of the author / WATUPiX.com".
- Operating territories: Worldwide
- Adaptations / Transformations (resize ...): allowed
- Arrangements / Modification / Corrections / Additions / Withdrawals: allowed
- Creation of derivative audiovisual works: non-authorized
According to usage, the credit does not have to appear with the work but on a page, a section or a dedicated site.
III. LIMITS FOR USE, RESTRICTION OF USE
The Licensee remains solely responsible for the use of its images.
The rights granted to the licensee are not transferable, any work resulting from the use of an image being strictly reserved for the use of the subscriber of the license, his employer or one of his customers, the end users of the said work.
The use of the same image in several projects or works of the same licensee must be the subject of purchase of new licenses in the case of a license of rights managed (LDG).
Under no circumstances may the licensee sublicense.
The licensee shall not in any case grant to a third party the right to use or reproduce the videos concerned by the license.
The Licensee hereby undertakes to take any commercial measure useful to prevent the reproduction or distribution of images by third parties.
It is prohibited to sell or license or distribute any derivative product containing an image provided by WATUPiX that can be downloaded, extracted or made available as a file in its own right.
For example, it is forbidden to sell posters or any derivative product whose source image is derived from the videos concerned by the license granted.
The images may not be used for pornographic, illegal or defamatory purposes in relation to any person or in violation of the public or private rights of a person or for the purposes of diverting the reproduction rights, brand name or service , of any person or company.
Any use of images related to a sensitive subject or contrary to public order is prohibited.
The prior written agreement of WATUPiX is necessary for any use of images related to a sensitive subject or conveying a negative image, in particular any subject relating to sexuality, abuse of illicit or addictive substances, physical or moral maltreatment or diseases.
The licensee will not be able to declare to be the original creator of a work largely composed of licensed content. For example, it will not be able to create works based solely on licensed content and declare that it is the author.
In the event that permission to use an image is suspended, such use would no longer be possible in the future. To the extent permitted by law, WATUPiX 's sole recourse in the event of the resumption of an image is, at the discretion of WATUPiX, the replacement of such image by another or the reimbursement of the license fees incurred for WATUPiX' image concerned;
IV. PROHIBITED USE AND INDEMNITIES
Any use of an image or a file not expressly authorized by the present general conditions or which would be contrary to the present terms constitutes a violation of the copyright, authorizing WATUPiX to exercise its rights and actions in accordance with the law applicable.
The infringer shall be liable for any damage caused by such breach, in particular in the event of a claim for damages by a third party and hereby undertakes not only to repair the damage caused but also to give WATUPiX, its subsidiaries, successors, members, officers, employees, co-contractors, licensors, suppliers, licensees, distributors or agents from and against any and all claims, including judgments and expenses, resulting from or relating to the use of files or images other than as expressly permitted herein.
V. LIMITED WARRANTIES AND LIABILITY
- to hold all the rights and authorizations necessary for the execution of the present general conditions,
- take care of any hardware or maintenance defects for a period of 60 days following delivery, in which case the customer can only, at the option of WATUPiX, obtain the image replacement or refund of the license price for the image concerned.
Except as provided in this section, WATUPiX does not warrant the use of the images nor grants any right or warranty as to the use of any trademark, name, trademark clothing, decoration, work of art or architecture on an image.
The Licensee shall ensure that the necessary rights and authorizations in connection with the above and for the purpose of use in accordance with these Terms and Conditions have been obtained.
WATUPiX will try to be as accurate as possible in the content classification and will assign relevant keywords, captions and titles but WATUPiX can not be held liable if certain captions do not correspond exactly.
WATUPiX is committed to providing quality images by uploading only videos that have been previewed and selected for their qualitative, aesthetic and original appearance but can not guarantee that the images contain no errors.
WATUPiX can not be held liable for any direct or indirect damage, whether voluntary or otherwise, from any loss of damage, due to the use or the impossibility of using images, even if WATUPiX has been informed of the possibility of the said damages , costs or losses unless the legal liability of WATUPiX is proven.
At the most, WATUPiX will be liable, for the use or inability to use the images, up to the license paid for the image in question, subject to the law.
The foregoing representations and warranties apply only to images and files provided by WATUPiX and not to images used in a manner contrary to these terms and conditions.
Except as expressly provided, no shares of WATUPiX may be considered a waiver hereunder.
WATUPiX's delay in the exercise of its rights and actions, in the same way as the single or partial exercise of one of its rights or actions, can not in any way constitute a waiver by WATUPiX of its rights and actions.
Any waiver by WATUPiX of any of its rights or actions at any time shall not be considered as an obstacle to the exercise of said rights and actions under any other circumstances.
VII. NON-PARTIAL VALIDITY
Should any of these provisions be found to be invalid, unlawful or unenforceable in all respects, the validity, legality and enforceability of the remaining provisions shall not be affected and shall continue in full force and effect.
Such provisions may be revised to the extent necessary for their applicability.
VIII. ENTIRE AGREEMENT
These terms and conditions apply to all licenses related to the videos sold on our site. No term or condition may be added or deleted unless expressly agreed to by the parties.
In the event of any difference between the terms provided for in these terms and conditions and those contained in an order form or any writing issued by the licensee, the terms hereof shall prevail;
IX. TERRITORIAL COMPETENCE
These general terms and conditions and any dispute relating thereto are subject to French law.
With the exception of the foregoing, this paragraph shall not prevent WATUPiX from seizing any competent judge for the purpose of taking temporary measures or any other measure useful for the settlement of a dispute between WATUPiX and a licensee.