1.Legal Notices of the Images d’Art Website
Publisher: the Images d’Art Website, accessible at www.images-art.fr, is published by the Établissement Public de la Réunion des Musées Nationaux et du Grand Palais des Champs-Elysées (hereinafter referred to as "RmnGP"), a national, industrial and commercial, public establishment, reporting to the Ministry of Culture and Communications,
Paris Trade and Companies Register B 692 041 585
254/256 Rue de Bercy
75577 Paris Cedex 12
© Paris 2015, Réunion des musées nationaux-Grand Palais, all rights reserved
Tel: + 33 (0)1 40 13 48 00
Director of Publications: Ms Valérie Vesque-Jeancard, Deputy General Director of the RmnGP
Hosting: The Images d'Art Website is hosted by OVH
Design and production: AF83
2.General Terms and Conditions of Use of Website
Welcome to the Images d’Art Website, the digital photo library created and published by RmnGP, which can be accessed free of charge.
The Website's Functionalities also enable Users to use the Images owned by RmnGP and made available on the Website, free of charge for non-commercial purposes. The Uses of the Images for non-commercial purposes authorised by these T&C relate solely to the copyright pertaining to the Images as photographic works.
Accordingly, use of works not in the public domain, of persons or objects represented in the Images, requires prior authorisation from the rightholders, which the User is responsible for obtaining (e.g.: works in the ADAGP directory, contact:http://www.adagp.fr).
2.2 Acceptance of the T&C
The User's access to the Website and its Functionalities is subject to unreserved acceptance of these T&C.
The User, a natural person, declares that they are over 18 years of age and have full legal capacity to accept these T&C.
Use of the Website and its Functionalities by minors shall be made under the responsibility and supervision of their parents and their legal representatives.
In these T&C, the following terms, unless otherwise specified, shall have the meaning given to them in this clause:
Photographic Agency: means the RmnGP photographic agency.
RmnGP Content: means all the components and content of the Website covered by intellectual property law, in particular Articles L. 112-2 et seq. and L. 341-1 et seq. of the French Intellectual Property Code. This means in particular the Website structure, Images, texts, graphics, typography, software, databases, trademarks and other distinctive marks present on the Website.
Functionalities: means all the Website Functionalities made available to the User, enabling him/her to use one or more Images for Non-commercial Uses, as described at Article 2.4 hereafter.
Images: means all the photographic works pursuant to the French Intellectual Property Code, originating from the Photographic Agency's image database and containing all the photographic works comprising the RmnGP's photographic collection, made available to Users by the RmnGP on the Website in low definition and free of charge, according to the terms and conditions of the T&C.
User: means a natural person using the Website, its Functionalities and the Images, strictly for non-commercial use.
Non-commercial Use: means the uses authorised by these T&C of the Website, its Functionalities and the Images that might be made by the User and from which they do not derive any profit or commercial benefit. The User is therefore authorised to use the Images free of charge for personal use, for information purposes or educational use, to the exclusion of any commercial use or intention to derive any commercial benefit or financial reward.
As an exception to the foregoing, for Images representing works that are not in the public domain, the sole Non-commercial Uses authorised for these Images will be for personal use and/or educational purposes.
For Images in the ADAGP directory, the sole Non-commercial Uses authorised for these Images will be for personal use and/or educational purposes detailed in the Agreement of 6 November 2014 regarding the use of books, music, periodical publications and visual arts works with the aim of illustrating teaching and research activities ( http://www.education.gouv.fr).
Website: means the Images d’Art Website created and published by the RmnGP accessible at www.images-art.fr.
2.4 Description of Functionalities and Conditions of use of Images
The Website allows Users to view the RmnGP Content accessible at the time of connection, free of charge.
In addition, via the Functionalities provided on the Website, Users are authorised by RmnGP, worldwide and non-exclusively, to use the Images in the Web definition offered, free of charge for Non-commercial Uses, as follows:
- to mark an image as a "favourite" using the Functionality "Add to favourites". To make use of this Functionality, Users must have a User account: to do so, Users must create a User account by completing the form "create a user account".
- download and save Images in the personal photo library on the User's computer, mobile terminal or multimedia tablet. To make use of this Functionality, Users must have a User account.
- share the Images on the user’s social networks, being specified that works in the ADAGP directory referred to in article 2.3 can only be shared on Twitter and Facebook accounts ;
- share the Images by e-mail with the User's friends. To make use of this Functionality, Users must first complete the form "send an image".
- create one or more album(s) of Images on the Website. To make use of this Functionality, Users must have a User account.
- Add Images to albums created by the User via the Functionality "Add to a selection." To make use of this Functionality, Users must have a User account.
- publish on the User's personal website the album(s) created by the User via the Functionality "Integrate on your website." To make use of this Functionality, Users must have a User account.
- publish on the User's personal website an Image via the Functionality "Integrate on your website." To make use of this Functionality, Users must have a User account.
- use the Images for the purposes of illustration, in the context of teaching and research.
Users are prohibited from any use of the Functionalities and/or Images other than those expressly stated in Article 2.4.
Users are also reminded that any commercial use of the Images provided to them on the Website is prohibited.
Any use of the Images in high definition and/or for commercial purposes shall give rise to payment and is subject to entering into a specific contract with RmnGP via its Photographic Agency, accessible at www.photo.rmn.fr.
The uses authorised by these T&C relate solely to the copyright pertaining to the Images as photographic works.
Accordingly, acceptance of these T&C does not grant the User any authorisation relating to any intellectual property rights pertaining to the works represented in the Images, nor to any image rights over the persons represented in the Images, nor any rights held by the owners of the property represented in the Images.
2.5 Creation of a User account
As specified in Article 2.4, to benefit from some of the Website's Functionalities, Users must create a personal account ("User account") by completing the form "create a user account".
When creating their account, Users undertake to provide accurate, up to date and complete information.
To create their account, Users must state their name (or a pseudonym), choose their password and provide a valid, personal e-mail address.
In accordance with Article 32 of the French Data Protection Act of 6 January 1978, it will be specified whether the data the User is asked to provide are compulsory or optional.
The User account may be activated by clicking on the activation link in the confirmation e-mail sent by RmnGP.
Once the User account is activated, Users may access their account details and update them at any time.
Entering any false, inaccurate, out of date or incomplete information, or a User name or pseudonym that contains harmful, defamatory, violent or obscene terms, or more generally inappropriate terms, may lead to the suspension or closure of the User account.
More generally, RmnGP reserves the right to suspend or delete a malicious User account, or in the event of breach of these T&C or breach of legal or regulatory provisions.
User accounts which impersonate the identity of a third party will be deleted. Any online impersonation of the identity of a third party using any data that identifies the latter (name, e-mail address, photograph etc.) is an offence punishable by law (Article 226-4-1 of the French Penal Code).
Users are solely responsible for use of their account. Users will therefore ensure that their login details are kept confidential and will take all measures necessary to keep them confidential.
2.6 Intellectual Property
The RmnGP Content provided to the User on the Website in accordance with these T&C shall remain the property of RmnGP.
The right to consult, reproduce and/or represent the content present on the Website is only granted for the uses authorised by these T&C: these uses do not grant any transfer of intellectual property rights over all or part of the content on the Website.
Excluding any use in accordance with these T&C, any reproduction, representation, operation, use, transmission, provision, adaptation or modification, by any process whatsoever, of all or part of the content present on the Website, without obtaining the prior, written permission of RmnGP and the authors or rightholders concerned, is strictly prohibited.
The reproduction, retransmission, exploration or automatic extraction by any means of content or data on the Website is prohibited. The use of robots and programs enabling direct extraction of data or content is therefore strictly prohibited.
In addition, any extraction and significant use of Images provided on the Website, pursuant to the sui generis right in databases, set out in the French Intellectual Property Code, is strictly prohibited.
RmnGP is the holder of all the intellectual property rights, in particular the industrial rights pertaining to all the distinctive marks appearing on the Website, including the names "Rmn-Grand Palais" or "Images d’Art".
Accordingly, any use of these distinctive marks by the User, in full or in part, for any reason and in any medium whatsoever, must be limited to uses that are strictly necessary and authorised under these T&C. Any other use requires the prior, written permission of RmnGP.
Breach of these provisions will expose the offender and any responsible persons to legal action for infringement, in the civil and criminal courts. RmnGP reserves the right to take legal action against any person who has not complied with the above prohibitions.
2.7 The User's liability and warranties
Use of the Images by the User must not contravene the legal and/or regulatory provisions in force, or the provisions of these T&C.
Accordingly, Users are prohibited from performing any act that is banned, illegal, contrary to common decency and public order and/or that breaches the rights of third parties, in particular intellectual property rights.
Users therefore warrant that they will not disseminate or give access to any content containing:
- terms, words and/or images likely to breach public order, respect for human beings or their dignity, protection of children and adolescents (pornography, paedophilia), of an offensive and/or obscene nature and/or contrary to common decency;
- terms, words and/or images that incite or provoke discrimination, insults, hatred or violence against a person or a group of persons, in particular due to their origin, their belonging or not belonging to an ethnic group, nation, race or specific religion, their disability, their sexual preferences or any other difference;
- terms, words and/or images inciting others to commit crimes and offences such as the trade and consumption of banned substances, prostitution, suicide etc.;
- terms, words and/or images making an apology for or negating or questioning war crimes and/or crimes against humanity;
- terms, words and/or images that are harmful or defamatory to other people or harm the image or reputation of a brand or any legal entity or natural person, in any way whatsoever;
- terms, words and/or images infringing the intellectual property rights of any person whatsoever; in this respect, Users are prohibited from any acts that are likely to infringe the copyright of the Images and/or works represented in the Images;
- terms, words and/or images that breach the security or integrity of a State or territory, of whatever kind;
- malicious software (in particular viruses, worms, Trojan horses, spyware etc.) that might restrict, impede or interrupt the correct functioning of the Website.
In a general manner, Users are asked to exercise caution and discernment in regard to the content they disseminate.
Users shall hold RmnGP harmless against any recourse, action, claim or complaint from third parties resulting from use of the Website and/or the Functionalities and/or the Images by the User in any way that does not comply with all or part of these T&C and/or the legal and/or regulatory provisions in force.
2.8 RmnGP’s liability
RmnGP is required to make the Website and its Functionalities accessible, in line with standard professional practice and the legal and regulatory provisions in force.
RmnGP shall not make any other commitment or any other guarantee concerning the Website; in particular RmnGP does not warrant the User that they will be able to use the Website and its Functionalities without interruption or error. In order to fully benefit from the Website and its Functionalities, Users are required to check that they possess the equipment needed to access the Website and its Functionalities.
Users accept that RmnGP may suspend access to the Website and/or to all or part of the Functionalities at any time, for periods that are not pre-defined, or may at any time put an end to all or part of the Functionalities for essential technical, legal or operational reasons; insofar as possible, RmnGP will notify Users thereof.
Likewise, and for any reason whatsoever, RmnGP reserves the right to withdraw at any time one or more Images from the Website; the Images concerned will be automatically removed from the Albums and/or players integrated by the User on its personal website(s) using the Functionality "Integrate on your own website", and any shares made on Twitter and Facebook.
RmnGP does not hold any intellectual property right over the works represented in the Images and protected by intellectual property, nor any authorisation from the persons whose image or property is represented in the Images, with a view to their use by the User.
Accordingly, Users will be personally responsible, in the context of Non-commercial Uses they make outside the Website, for obtaining any necessary authorisations from the authors and/or rightholders and/or persons concerned, and RmnGP will be released of any liability in this regard.
Rmn-GP shall not be held liable under any circumstances in the event of any use of the Website and/or Functionalities and/or Images by the User that is contrary to these T&C or in breach of French legislation, in particular any fraudulent or counterfeit use, impersonation of identity, harassment, insults, offences against common decency or any other breaches of the rights of third parties.
Generally, RmnGP reserves the right to delete from the Website without notice any content created by the User that is contrary to these T&C and/or breaches the legal and/or regulatory provisions.
A User account that impersonates the identity of a third party or contains terms that are insulting, defamatory, violent or contrary to common decency, or more generally contrary to these T&C and/or the legal and/or regulatory provisions, will therefore be suspended or deleted.
2.10 Entirety of agreement - Amendment of the T&C
If one or more terms of these T&C are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other terms shall retain their full force and scope. Any terms declared invalid or null and void shall then be replaced by terms that are as similar as possible in content to the originally stipulated terms.
Moreover, RmnGP reserves the right to amend the terms of these T&C unilaterally and at any time. These amendments shall be binding on the User as soon as they are published online.
Users will be informed of any amendments to the T&C by any appropriate means, as soon as possible.
These T&C will also be translated into English.
In the event of any contradiction or difficulty of interpretation between the clauses in the French version of the T&C and their English translation, the French version shall prevail.
3.1. The User's Rights
The personal data collected by RmnGP are voluntarily transmitted by the User to RmnGP when opening a User account. RmnGP will take all appropriate measures to limit the risks of loss, damage or incorrect use of the data collected.
The data is intended for the internal services of the RmnGP's Visitor and Digital department, its service providers and sub-contractors involved in managing the Website and/or the data.
The personal data collected will be processed by Rmn-GP in compliance with the legal provisions on personal data protection pursuant to French Law no. 78-17 of 6 January 1978 on Data Protection and French Law no. 2004-801 of 6 August 2004.
In accordance with the Law of 6 January 1978 on Data Protection, Users have the right to access and correct their data at any time. They may exercise this right by sending a letter to the following e-mail address: firstname.lastname@example.org
Users may object to the processing of their personal data, for legitimate reasons.
Users are informed that, when they use the Site, cookies are stored on the hard disk of their computer, mobile or tablet. A cookie is a file containing data, in particular a unique identifier, sent by the Website server to the User's browser and stored on its hard disk.
These cookies are stored every time a User browses the Website, and are intended to:
- enable the User to access their User account on the Website using previously notified logins or data;
- share the Images by e-mail;
- establish statistics and frequency and usage volumes of the various elements comprising our Website (pages and content visited, route), in order to improve its interest and ergonomics.
To find out more: Cookie management policy
The Website offers various links to other websites intended to improve User information, in particular on the Images. As these web pages are not part of the Website and RmnGP does not exercise any control over these websites, the latter may not be held liable for the content, quality, nature and reliability of the said websites.
The Website authorises the insertion of a hyperlink to its content, subject to the following conditions:
- any use for commercial/advertising/editorial purposes is prohibited;
- this authorisation does not apply to websites disseminating information that is polemical, pornographic or xenophobic in nature, or which might harm the sensitivity of the majority of people.