Article 1 - Subject
By confirming your subscription, order, or registration to the services of Euro Presse Image - EPI Agency, you acknowledge to be aware of the general terms and conditions of Euro Presse Image - EPI Agency henceforth "General Conditions"). The General Conditions comprise all respective obligations of the parties. We suggest that you print and retain a copy of the General Conditions. The version of the General Conditions in force on the subscription date has sole authority in governing relations between you (hereinafter "the Subscriber" or "you") and Euro Presse Image - EPI Agency, with the exclusion of all other paper or electronic documents.
Article 2 – Details of services
2.1. Euro Presse Image - EPI Agency is an electronic service accessible via the Internet, open to any physical or legal person acting in the capacity of their professional activities and having previously made a subscription request offered by Euro Presse Image - EPI Agency. 2.2. Euro Presse Image - EPI Agency provides the following service(s):
- The ability to access their current digital news photography database (according to the type subscription subscribes). These images are provided with title and caption - The ability to download an unlimited number of images at any time These various services are detailed in the following articles.
Article 3 – Euro Presse Image - EPI Agency service picture
Euro Presse Image - EPI Agency shall provide access to subscribers to their current photography database for downloading. The login and password are personal and confidential. Their usage remains entirely the responsibility of the Subscriber until the expiration of the subscription contract. All access to the database made via their login and password are irrefutably presumed to have been made by the Subscriber, Euro Presse Image - EPI Agency shall not be held liable for it.
Article 4 – Availability services
www.epi-agency.com services are accessible 24/24 h and 7/7 days. However, system maintenance may lead to temporary interruptions temporarily preventing access to the service. Euro Presse Image - EPI Agency shall not be held liable in the event of impossibility to access epi-agency.com as a result of interruptions owing to hosting or telecommunication services.
Article 5 – Subscription
5.1. The subscription proposal to epi-agency.com is considered as accepted by you when you click on the "I accept" icon. The contract is nonetheless only: - when the payment corresponding to the subscription taken out has been fully made to Euro Presse Image - EPI Agency after a confirmation E-concluded mail from Euro Presse Image - EPI Agency. The date the confirmation message is sent by Euro Presse Image - EPI Agency constitute the valid starting date of your subscription. You will then receive by registered post a login and password.
5.2. The length of the contract is fixed according to the type of subscription you choose. Neglecting to renew before the expiration date of your subscription, shall automatically result in the latter expiring. Automatic renewal of this subscription will be made after receipt of payment, if necessary.
5.3. In the event of expiration of the subscription, all registered data on your personal account is automatically deleted and cannot be recovered in the case of eventual further subscription. All further subscriptions, except renewal as in the conditions cited in Article 5.2 above, shall constitute a new contract.
Article 6A - Subscription price
The total subscription price appears in the subscription policy. Taking out the subscription in question is equal to accepting the price thus publicized.
The price is expressed in Euros.
Mode of payment by Banque Belfius : F. Vieira de Matos - IBAN : BE76 0635 2502 8295 - BIC : GKCCBEBB. Confirmation of the subscription will be sent by E-mail after receipt of the transfert - Payment : within 3 or 4 days from the date of invoice. Reminder charges : 1st : € 10,00 - 2nd : € 15 - Formal notice : 25 €
Article 6B Failure of the published photos Copyright © François Vieira - EPI Agency, credit, required image on any media including the Internet, automatically* a penalty of 50 euros per photo payable by the publisher. *Unless global Termination of Copyright.
Article 7 – Further obligations of the Subscriber
In subscribing to the provision of Euro Presse Image - EPI Agency services, you benefit from the services corresponding to the subscription taken out. This implies respect of a number of rules essential to the good functioning and efficiency of the epi-agency.com service, and notably:
- Being of the legal age permitting a contract to be legitimately concluded and having the legal ability to effect the present subscription:
- Keeping your computer system in a state fit to receive information, electronic messages and images disseminated by Euro Presse Image - EPI Agency. - No longer using images after the expiration of the subscription contract, nor assigning them in any way to third parties: Retaining the Copyright on the photos*. Example: © François Vieira - EPI Agency - Not modifying photographs, except cropping, without prior authorization from Euro Presse Image - EPI Agency. *Unless global assignment of Copyright.
- Not using images for the purpose of harming represented person(s): - Not modifying the original text of the title or caption of the downloaded images, except if this does not harm the person concerned. The responsibility of this usage rests with the user in question:
- When using web forms, check that you have not made any mistakes when entering your E-mail address;
- Not adding Euro Presse Image - EPI Agency or its employees to E-mail mailing lists, without their prior agreement:
- Avoiding sending unsolicited commercial E-mail (spam), which may block the server and make communication more difficult for all: The obligations set out above, as well as all the obligations in these General Conditions, constitute contractual obligations of which the Subscriber is the debtor and as such, commit the latter is liability.
Article 8 – Nature and scope of the confidentiality guarantee by Euro Presse Image - EPI Agency
Technical and human means implemented by Euro Presse Image - EPI Agency, allow to ensure a high level of confidentiality and security towards their subscribers. However, no liability may be attributed to Euro Presse Image - EPI Agency, in the event of any of the following cases: - If, despite technical and human means implemented and without blame on the part of Euro Presse Image - EPI Agency, a third party were able to become aware of information stored with the Euro Presse Image - EPI Agency host. - In the event of interception by a third party of information sent by the Subscriber on the Internet. More particularly, Euro Presse Image - EPI Agency shall always Endeavour to conform to the European Directive on the protection of privacy. This Directive makes provisions for loyalty and relevancy in the processing of personal data, their security, their accuracy and updating. In a general way, personal data concerning you may not be used by Euro Presse Image - EPI Agency for any other purpose than that indicated to you when collected. If Euro Presse Image - EPI Agency places a "cookie" on your computer's hard drive, it shall only process data concerning you with your consent and after it has informed you of the nature of the data liable to be recorded. Otherwise, the cookie is only of use for the purpose of statistics and not for identifying you. Lastly, the Subscriber acknowledges that Euro Presse Image - EPI Agency could be forced to divulge data entrusted to it in the event of judicial or administrative injunction, which is legally obligatory and duly enforceable against it.
Article 9 - Responsibility
Without prejudice to all other provisions of these General Conditions relating notably to the content about the obligations of Euro Presse Image - EPI Agency or its responsibility, Euro Presse Image - EPI Agency may only be held liable in the event that fault is duly established. In any event, the sum total of compensation that Euro Presse Image - EPI Agency may have to pay shall not exceed the sum total of the subscription price whatever the nature, origin, range or amount of the losses incurred. Furthermore, Euro Presse Image - EPI Agency may not be held liable for delay or bad reception of images due to one or several malf unctions of the server and the host or any other cause beyond its will.
Article 10 – Property of Euro Presse Image - EPI Agency
All the texts, screens, logos, organizational charts, databases, photographs or others presented on the site www.epi-agency.com are, and shall remain, the exclusive property of Euro Presse Image - EPI Agency regardless of the terms of their copyright protection, intellectual property laws in the broad sense, or any other applicable legislation. Consequently, all Subscribers are prohibited from using, assigning or transmitting different elements cited in the above paragraph, other than in the strict user framework of services included in their subscription.
Article 11 – Evidence
The registration systems implemented by Euro Presse Image - EPI Agency act as proof of the existence, content, origin and date of all the facts and legal matters originating or resulting from this subscription contract. In the event of contradiction between information provided by these registration systems and any other electronic or paper document on support, precedence shall be given to information provided by Euro Presse Image - EPI Agency registration systems.
Article 12 – Applicable law
These General Conditions are subject to Belgian Law.
Article 13 – Resolution of disputes and competent jurisdiction
The Subscriber undertakes expressively and prior to any legal or administrative action to submit possible disputes, which could result from this subscription, to the amicable settlement procedure described below. The Subscriber shall forward an E-mail, backed by regular post, to Euro Presse Image - EPI Agency, clearly and exhaustively expressing the cause(s) of their complaint as well as demands possibly in figures. Euro Presse Image - EPI Agency shall thus have a period of one month starting on the date of receipt of this complaint to formulate by E-mail, its own observations and offer, if need be, the reimbursement of the price of subscription taken out. On receipt of the observations formulated by Euro Presse Image - EPI Agency, the Subscriber shall have a period of fifteen days to accept or refuse the observations and potential proposals by Euro Presse Image - EPI Agency. Failure to respond within this period, by E-mail backed up by regular post, shall result in the Subscriber being considered as having accepted the observations of Euro Presse Image - EPI Agency. In the case of express acceptance of Euro Presse Image - EPI Agency observations and potential proposals, or the lack of reaction within the granted period, the Subscriber acknowledges not to be able invoke its claims in court and likewise renounces any further claims. All disputes shall be exclusively governed by the competent jurisdiction of Brussels - Belgium. This jurisdiction is in any case, the sole jurisdiction competent to deal with disputes, which may result from the conclusion, performance or termination of this subscription contract.