The mandatory mention of copyright

General Conditions of Use of the ‘Gard Tourisme’ online ‘Media Space’.

The terms of use of the media made available to the User of this online ‘Media Space’ by ‘Gard Tourisme’ are defined by these General Conditions of Use.

‘Gard Tourisme’ as part of its mission and with the aim of promoting the department through diverse communication channels, has established an image and video bank, hereinafter referred to as the “Media Space”, made up of an evolving archive of photographs and videos of the Gard.

‘Gard Tourisme’ wishes to make this ‘Media Space’ available to its partners, hereinafter the “Media Space Users”, free of charge, while restricting use of its archive contents exclusively to the promotion of the Gard department, its territory, its culture and its events.

By these General Conditions of Use ‘Gard Tourisme’ grants the Media Space Users the right to exploit this media content, hereinafter “the Work (s)” under the conditions defined below:

1. DEFINITION OF TERMS
“Media Space” : an online library/ archive/ bank of images, videos and files (database) with the aim of promoting the department, set up and managed by the ‘Gard Tourisme’ agency, and retaining control of access, by assigning a user account according to the forms and conditions stipulated in the General Conditions, to a Media Space User.

“Media Space Users”:
- ‘Gard Tourisme’ agency, or member of
- Gard Tourist Information Centres
- Local, national and international travel providers (TO, CE, travel agencies)
- Local, national and international press organizations, influencers and bloggers
- Tourism partners and institutions: including Departmental councils, Atout France, CRT, Tourist offices outside the Gard, Consular Offices, CCI, Club des Sites, CMA.
- Social-professionals: social-professional actors, in and outside the Gard: including restaurants, hotels, tourist sites, etc.
This list is non-exhaustive and is subject to change.

A Media Space User is approved by ‘Gard Tourisme’ upon assigning a ‘User Account’ allowing access to the Media Space. For each group of users, access and rights of use are associated.

“Visitor”: a temporary approved access, without ‘User Account’ status, permitting limited access to certain media. “Publications”: All newspapers, magazines, guides, brochures, documents whatever their edition frequency (daily, weekly, monthly, bimonthly, etc.) and whatever their mode of distribution, print or digital format.

“General Conditions of Use” (GCU): this contract.
“User account”: Account created by the Media Space User after approval by ‘Gard Tourisme’, allowing online access to the Work(s), using an identifier username and a password.
“Work(s)”: Photograph(s), video(s), media(s) which can be selected and downloaded by the Media Space User from the Media Space, for specified exploitation purposes.
“Operating authorization”: Authorization granted by ‘Gard Tourisme’ to Media Space Users to exploit the Work(s) free of charge for a period of 12 months, and in compliance with all exisiting rights associated with the Work(s).
The “Photographer”: The author/ creator of the Work(s) exploited.
The “Site”: the digital platform constituting the Media Space.


2. PURPOSE OF THE CONTRACT

The purpose of the GCU is to define the conditions of the Operating Authorization granted by ‘Gard Tourisme’ to the Media Space User(s) for their exploitation of the Work(s).


3. CONTRACTUALIZATION AND ENTRY INTO FORCE

The Terms and Conditions of this GCU contract come into force upon acceptance by the Media Space User(s): acceptance meaning validation of the terms and conditions, when creating the User Account, by checking the box provided for this purpose or by clicking on the button to accept general terms and conditions.


4. CGU
The Work(s) are loaned as part of the promotion of tourism of the territory of the department of the Gard, and the sites, events, features located there. All use for commercial ends is prohibited.
Use of the Work(s) not directly pertaining to the tourism sector is subject to prior authorization.
The use of the Work(s) must be defined clearly and precisely prior to any authorization. Users of the ‘Gard Tourisme’ Media Space undertake to use the Work(s) and any other media made available to them, exclusively for the uses they declare and in compliance with the rights negotiated by ‘Gard Tourisme’. Under no circumstances may the images obtained be transferred to third parties.
Any retouching of, or intervention on the integrity of the image is subject to specific a priori authorization from ‘Gard Tourisme’.
‘Gard Tourisme’ cannot be held responsible for any exploitation of the Work(s) by Media Space Users falling outside of the terms and conditions negotiated by ‘Gard Tourisme’.
The Media Space User(s) exclusively, are responsible to the holders of any rights regarding the Work(s), for the uses they make of those Work(s). In this context, the identifying username and password of each Media Space User are personal and non-transferable.
In the event of proceedings, whether contentious or not, against ‘Gard Tourisme’ due to the illicit use of the Work(s) by the Media Space User (s), the said Media Space User(s) undertakes to intervene in the dispute and to reimburse ‘Gard Tourisme’ for any sum that it may be required to pay for damages, lawyer's fees, etc. ‘Gard Tourisme’ also reserves the right to take any measures against the Media Space User(s), in the event of their illicit or inappropriate use of the Media Space and its content, the Work(s), including a ban on access to the photo library, the Media Space.
Any download of visuals and other media, the Work(s), by a user of the photo library, the Media Space User, constitutes consideration and acceptance of the conditions mentioned above.
Proof of publication of the images, the Work(s) used is mandatory, by sending an URL of the website, copy of the document, etc. to the agency ‘Gard Tourisme’.
Access to all images and works, the Work(s), for all internal and external promotional and communication actions:
- publications
- websites
- social networks
- brochures published by French or foreign tourism professionals incorporating the department of the Gard in their project
- advertising campaigns (press, posters, online advertising) using the Work(s), are subject to specific negotiation of image reproduction rights
- and any other existing or future promotional support.
- Large urban format displays are subject to authorization.

5. RIGHTS AND INTELLECTUAL PROPERTY

In accordance with the laws governing ownership of literary and artistic rights, and all other related rights, this Site and all elements of this Site including, brands, designs, models, logos, graphics found on this Site as well as their compilation, are the property of ‘Gard Tourisme’. Any reproduction and/or representation, in whole or in part of the Site, or any elements which compose it, in any medium whatsoever, destined for other purposes, including commercial, is expressly prohibited.


6. CREDITS AND MORAL RIGHTS OF THE PHOTOGRAPHER

The Media Space User undertakes to affix, on any reproduction of the Work(s), the name of the Photographer and the obligatory mention associated with the works in the form “© xxxx”.
For operations on any electronic communications network and in particular on any Internet site, the Media Space User may use “tooltips” to enable the display of the Photographer's credits.

7. AUTHORIZATION FOR EXPLOITATION FREE OF CHARGE

‘Gard Tourisme’ authorizes the exploitation of the Work(s) free of charge. This Authorization, constituted by the obligatory adherence to the terms of this GCU contract, is an Authorization to exploit the Work(s) exclusively in the touristic promotion of the department of the Gard.


8. PROOF OF PUBLICATION

The Media Space User undertakes to send, as soon as possible, a copy of the paper or digital Publication presenting the Work(s) used.
- For a paper Publication, the Media Space User must send ‘Gard Tourisme’ a high definition PDF file of the pages reproducing the Work(s) and the photographic credit.
- For an electronic/digital Publication, the Media Space User must send ‘Gard Tourisme’ the address or link, allowing access to the pages reproducing the Work(s).
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