GENERAL TERMS AND CONDITIONS OF USE FOR PHOTOGRAPHS, VIDEOS AND ANY OTHER SUPPORT ON LES VERGERS BOIRON MEDIA LIBRARY
The purpose of these general conditions of use (the "GCU") is to define the conditions and modes in which the User (any person acceding to the Media Library) uses the Media Library. In accepting these GCU the Users acknowledge and accept that they are obliged to respect all their terms and conditions.
Use of media library
Any reproduction and use of media library documents for which Boiron Frères possesses exclusive rights of ownership is prohibited without prior authorization from Boiron Frères and can only be carried out for the use that has been agreed by Boiron Frères. The use of the media library does not imply in any way or any manner a transfer of rights whatsoever, said rights remaining the exclusive property of Boiron Frères. Any fraudulent use of some or all of the media library could lead to prosecution.
Access to the Media Library
Access to the media library confers a private and non-exclusive right to use this media library. Priority of access to Les vergers Boiron media library is reserved for the personnel of Boiron frères and its subsidiaries as well as duly authorized service providers that Boiron Frères and its subsidiaries may consult. Upon their first visit to the site, users must make an access request and identify themselves by using a registration form stating their title, first and last names, company, email, telephone, address and type of use for which they seeking media regarding Boiron Frères and its subsidiaries. Boiron Frères reserves the right to refuse access, suspend an authorized access or terminate an authorized access, at its absolute and sole discretion. For an authorized access, a confirmation email will be sent to the user, who can subsequently log in using a password freely managed by said user. The login and password are strictly personal and reserved solely for the user identified in the access request form, who expressly agrees not to divulge this information to anyone or for any reason whatsoever.
All the photographs, videos and any other support that Les vergers Boiron media library contains are the exclusive property of Boiron Frères or third parties, copyright holders who have authorized Boiron Frères to communicate them. They are royalty-free within the exclusive framework of the promotion of Boiron Frères and its subsidiaries.
The photo credit, photographer's name and/or identification of the image contained in the image file, specified for each image, video and any other support must figure in any reproduction, failing which Boiron Frères can legally claim compensation for non-identification. Failing photo credit wording related to the image in Les vergers Boiron media library, the document used must show the following wording: © Les vergers Boiron.
Use of files
The photos, videos and other supports available from Les vergers Boiron media library are intended for publications produced by Boiron Frères and its subsidiaries with the exception of any directly commercial or lucrative purposes. Any other use, in whatever manner and in whatever form, requires prior written agreement from the Boiron frères Marketing & Communication department. In the event of any manipulation or modification of the image, the user creates a derivative work. According to currently applicable copyright law, the creator of the original work is deemed to be the owner of the copyright. Consequently, the user does not hold any copyright on the derived work to the extent that he or she is not the owner of the original work.
Document proof of the publication of the images used must be sent to Boiron Frères Marketing & Communication department at the simple request of the latter (copy of review, website URL, PDF layout, address of the website that contains the photographs or a screen shot, etc.).
Liability and exclusions
Given the limits owing to the internet, Boiron Frères cannot guarantee that the access to and the working of the Media Library are not interrupted, or free of errors, particularly in the case of malfunctions of the User's hardware or malfunctions in the internet network, or for other reasons. The User expressly acknowledges that Boiron Frères cannot be held liable, on any grounds whatsoever, for any direct and/or indirect damage resulting from a virus, a third party's fraudulent intervention, a loss of data and/or program, an interrupted connection, a server breakdown, an electrical problem, access times to the Media Library, the User's difficulties during his connection, consultation, and/or down-/up-loading, a misstatement, indexing error(s), delay in on-line publishing and/or any other faults (without this list being exhaustive). Moreover, it is the User's responsibility to ensure the technical features of the hardware and software he uses allow him to have satisfactory access to the Media Library and to take all appropriate measures to be protected from contamination by any viruses.
Exclusion of warranty
The User understands and agrees that access to and/or use of the Media Library are granted to him in the state received. Accordingly, Boiron Frères gives no warranty as to whether the Media Library, including its Contents, meets the User's requirements, and the User is solely responsible for assuring that the use of the Media Library, including its Contents, meets his requirements. Moreover, Boiron Frères gives no warranty as to the Media Library's perpetuation and reserves the right at any time, without warning or final notice, or compensation, temporarily or permanently to suspend access to the Media Library on any grounds as it chooses, and make any modifications and improvements to the Media Library it will deem necessary at any time, without warning or final notice.
These GCU are concluded for an indefinite term from their acceptance by the User.
The User may terminate these GCU at any time and without notice by suppressing his Account and/or ceasing to use the Media Library. In the event of breach of one or more of the obligations under these GCU by a User and without prejudice to any civil and/or criminal penalties due to infringing a third-party rights the User may incur, Boiron Frères reserves the right to terminate, immediately and as of right, and without prior notice, these GCU with the User and consequently suppress the User's access to the Media Library, including suspending or closing his Account and preventing the User concerned from having access to it, without prejudice to any damages Boiron Frères may claim.
Updating and evolution of the GCU
Boiron Frères reserves the possibility of amending these GCU in whole or part at any time and without notice. In this event, Boiron Frères shall notify the User of the amendments to these GCU from their publication on line in the Media Library, by e-mail or through the Media Library. In the event the User refuses to adhere to the new GCU he has a period of twenty-four (24) hours from the date of notification to so inform Boiron Frères by electronic mail. In the event the User has not notified his disagreement within the above period he shall be deemed to have accepted the amendments and any use of the Media Library by the User shall be governed by the new GCU.
Governing Law, Jurisdiction, and Contractual Documents.
These terms and conditions of use are governed by French law. Any use not conforming to the terms and conditions of use of Les vergers Boiron Media Library can give rise to legal actions in the competent courts. These terms and conditions of use and restrictions can be modified at any time without prior notification; the user agrees to read and take note of them for each use.
Protection of Personal Data
When the user fills out the registration form to be authorized for access to the media library, all the information making up his or her profile is kept in the administrator file. The user can access this profile at any time and, if needed, make changes to it by accessing the "My account" section. This section also contains the password, which can be changed at will.
The User is solely responsible for all the information he enters in his profile on the creation of an Account. The User remains solely liable for any damage he may suffer or cause owing to inexact, incomplete, and/or deceptive information he gives on the creation of an Account or to the failure to update this information. Les vergers Boiron may in no case be held liable on these grounds.
Pursuant to Law no. 78-17 of 6 January 1978 on Information Technology, Data Files, and Civil Liberties as amended ("Information and Liberties Law") the User is informed that Boiron Frères processes the User's personal data - particularly during the creation of his Account. These data are intended to enable Boiron Frères to administer the Accounts of the Media Library and are also used for the purposes of statistics and of sending newsletters. The information collected is neither sold nor communicated to third parties.
Regarding the personal data concerning him each User has rights of access (Art. 34 to 38 of the Law), rectification (Art. 36 of the Law), and opposition (Art. 26 of the Law) and, to exercise his rights, must write to the Les vergers Boiron Marketing & Communication service at the following address:
Marketing & Communication
1 rue Brillat Savarin
26300 CHATEAUNEUF SUR ISERE
Tel: +33 (0)4 75 47 87 00
Société anonyme par Actions Simplifiée (Limited liability company), capital -€ 3,000,000
RCS (company register) of ROMANS SUR ISERE no. 542 015 763