General Terms for Use of the Photo Library
Consent to the General Terms
Access to the Photo Library and the use of photographs, videos, drawings, press releases, logos or any other documentation (hereinafter the “Visuals”), available in the Photo Library, supposes the full, unreserved consent to these General Terms, without limitations or conditions. Which failing, the User cannot access the Photo Library.
Before downloading or using Visuals, the User undertakes to carefully read the General Terms and consent to them by ticking the special box.
Beneteau reserves the right to unilaterally amend, at its entire discretion, at any time, all or part of the General Terms. Any amendments to the General Terms take effect immediately when published on the Photo Library and can be enforced on the User automatically. So the User is responsible for regularly consulting said General Terms before downloading or using any Visuals.
Access to the Photo Library
Use of the Photo Library is intended exclusively for four (4) categories of Users:
- the “Press”;
- the “Network” of Beneteau dealerships;
- “Partners”, such as associations, partners, suppliers and charter companies. This list is only indicative; and
- “Internal Services”, including Beneteau employees and its Advertising Agencies.
Use of Visuals depends on the category to which the User belongs.
Before being able to access the Photo Library, the User must ask Beneteau for access by completing a registration form stating in particular the User’s surname, given name, company, email and the purpose for which the visuals are required.
If the access request is agreed, Beneteau will send the User a confirmation email, and a login and password. Said logins and passwords are strictly personal and confidential. The User expressly agrees not to disclose them to anyone, for any reason whatsoever.
If the connection logins are lost, the User can ask for them again by clicking the “Forgotten password” link, then providing the information requested. His/her password will then be sent by email.
The User is responsible for all downloads enabled with his/her logins and liable for any harm resulting from any fraudulent use. Any connection and/or use of Visuals made using his/her logins will be deemed to have been made by the User holding said logins and under his/her responsibility alone.
Beneteau reserves the right to refuse access to the Photo Library by suspending, restricting and/or cancelling access, at its sole, unique discretion and without prior warning.
Use of Visuals
- The Press is authorised, non-exclusively and world-wide, to download Visuals in high definition and to use them free of charge, on any physical or electronic mediums, in the press exclusively (general or specialist written press or on the internet), whether the Visuals are used in editorial content or on the front cover.
- The Network and Internal Services are authorised, non-exclusively and world-wide, to download Visuals in high definition and to use them, free of charge, on any physical or electronic mediums (printed or internet), exclusively to promote Beneteau and its products.
- Partners have the possibility of consulting Visuals and must first contact Beneteau for any use.
The use of Visuals thus detailed is possible, conditional on compliance with the following cumulative conditions:
- Visuals must not under any circumstances be used for the purpose of illustrating articles or reporting not connected with Beneteau’s business or products or that might harm its brand image or reputation;
- Visuals must not under any circumstances be used for commercial, advertising, immoral, defamatory or injurious purposes, to denigrate individuals, entities or goods and/or any other use that is contrary to laws current in France or countries in which where the Visuals are used;
- Visuals must not under any circumstances be communicated to third parties;
- Visuals must not under any circumstances be altered in any way whatsoever. The following are thus prohibited, for example, any alteration of the colours or cropping of Visuals. The User is however authorised to reduce the size of a Visual on condition that the whole of the Visual is reproduced, its initial proportions and the quality of its resolution are not altered; and
- any reproduction of the Visual must show the photo credit and the photographer’s name and/or the identification of the image, and the words ©Beneteau, depending on the Visual selected.
A copy of the publication including the Visual (a copy of the magazine, the web site URL, pdf mock-up, address or web site where the photographs are or a screen copy, etc.) must be sent to Beneteau immediately on request, to the following address: SPBI - Beneteau, Service Communication, Vendeopole – 2 rue du grand Large, 82531 Givrand, France, France.
For any other use not covered in the General Terms, the User must obtain Beneteau’s prior consent.
The Photo Library and its contents, in particular Visuals, are protected by intellectual property law (copyright, trade names, etc.) belonging to Beneteau or to third parties that have granted user licences.
Rights of use conceded to the User (as detailed above) shall not under any circumstances be interpreted as granting intellectual property rights on Visuals.
Any use of Visuals that does not comply with these General Terms is a breach of intellectual property law and exposes the User to civil and/or criminal proceedings. If there is any doubt as to the scope of the authorisation to use Visuals granted by the General Terms, the User is recommended to refer to Beneteau.
The User is not granted any right of use on a component of the Photo Library other than Visuals. The reproduction or representation, in whole or in part, of any component of the Photo Library other than Visuals, by any process or on any medium whatsoever, is prohibited and is a breach of copyright.
Exclusions of warranties – Limitation of liability
Access to the Photo Library and the use of Visuals are solely at the User’s liability.
Beneteau, its affiliated companies, their representatives or employees, shall not be held liable for harm, even if direct, whether or not accidental, resulting from use of the Photo Library and/or Visuals not in accordance with the General Terms and/or current legislation.
The User undertakes to indemnify and guarantee Beneteau, its affiliated companies, their representatives or employees, against any remedy that may be sought against them due to use of the Photo Library and/or Visuals not complying with the General Terms and/or current legislation.
Beneteau does not in any way guarantee the absence of any viruses on the server that it uses. Beneteau, its affiliated companies, their representatives or employees, shall not be held liable for harm, even if direct, whether or not accidental, that results from deterioration or destruction of a User’s computer facilities by a virus subsequent to accessing and/or using the Photo Library.
Beneteau does not in any way guarantee access to and correct operation of the Photo Library. Beneteau, its affiliated companies, their representatives or employees, shall not be held liable for harm, even if direct, whether or not accidental, that results from non-access or incorrect operation of the Photo Library.
Protection of personal data
When the User completes the registration form to be authorised to access the Photo Library, all information comprising his/her profile is kept in the administrator file. The User may access his/her profile at any time and, where applicable, make changes to it by accessi8ng the “My Account” section which is where the password can be changed as necessary.
No personal data gathered is accessible to the public, or will be transferred to third parties.
Pursuant to France’s 6 January 1978 data protection law number 78-17, anyone is entitled to access, rectify and oppose personal data concerning them.
To exercise these rights, the User must write to the Beneteau Communication Department at the following address:
SPBI - BENETEAU
2 rue du grand Large
82531 Givrand, France
Applicable law and competent courts
The General Terms are governed by French law.
Any dispute relating to use of the Photo Library or relative to the General Terms will be subject to the
exclusive competence of the courts competent for Paris, notwithstanding multiple defendants or the introduction of third parties, even for emergency or protective proceedings, in summary proceedings or on petition.