LEGAL NOTICES AND GCU

The www.accor-photos.com site is published by:

Accor
A Société Anonyme with capital of €700,317,363,
Registered at the Paris Commercial and Companies Registry under the number 602 036 444 RCS Paris,
Whose registered office is at: 110, Avenue de France, 75013 Paris, France.

Publication Manager: Virginie SIDO, Corporate Brand and Internal Communication Department

Site Design/Administration: Métamis Création
Whose operational headquarters is at: La Chal, 73700 Bourg Saint Maurice, France
The Accor Photo Library uses Ajaris Websuite by ORKIS

Site host: Orkis
Whose headquarters is at: 610, rue Georges Claude, Pôle d’activités d’Aix les Milles, 13852 Aix-en-Provence Cedex 3, France

To contact us, please send an e-mail to: phototheque@accor.com




GENERAL

Welcome to the Accor Photo Library site.

The purpose of this site is to provide Accor employees and their partners (external service providers, press, etc.) with the necessary photographic content to promote and market the Group and its brands.

In particular, the purpose of these General Conditions of Use (hereinafter the “GCU”) is to define the circumstances in which the user (hereinafter the “User”) can access the Accor Photo Library site (hereinafter the “Site”), on the one hand, and exploit its contents (hereinafter the “Media”) on the other.

By using the Site, you acknowledge that you have read this legal notice and that you undertake to comply with it. Since the contents of this legal notice may change, it is suggested that you consult it on a regular basis.



ACCOUNT CREATION – ACCEPTANCE OF THE GCU

Access to the Site is reserved for persons having an account approved by the Accor Photo Library team.

Prior to accessing the Site in any way, Users must create an account by filling in the fields provided for that purpose. They undertake to provide complete, honest and accurate personal and professional information and they must unreservedly agree to these GCU. Otherwise, it will not be possible for them to submit their request.

In the context of account creation, access to the Site and use of its contents, Users act on their own behalf and on behalf of the individual or legal entity that they represent.

Upon receipt of a request to open an account, it will be reviewed by the Accor Photo Library team. In the event that the request is approved, the User will receive an e-mail reminding him or her of his or her connection references, which will enable him or her to access the Site and use its contents in accordance with these GCU.
In the case of any request made by a partner external to the Group (external service provider, press, etc.), the Accor Photo Library team will only approve the account once confirmation has been received from the Accor employee associated with the partner in question.
Furthermore, the team reserves the right in its discretion to refuse any request to create an account that is not made by an Accor employee for his or her own use or for that of one of his or her partners.



ACCOUNT USAGE – USER NAME AND PASSWORD MANAGEMENT

Every user account is strictly personal and confidential.
Users undertake to keep their account information up-to-date and never to disclose it to a third party. They are entirely responsible for the confidentiality of their user name and password and of everything that they do using their connection references.
In the event of fraudulent use of that information, Users must immediately alert the Accor Photo Library team. Similarly, every service provider company undertakes to give notice of the necessity to update or prohibit access to the Site by any of its employees.
In that case, the Accor Photo Library team reserves the right to suspend any access to the Site in the event of fraudulent use or attempted fraudulent use of such access.

In the event that a User loses his or her password, he or she can click on the “Lost password” link on the homepage and then provide the requested information (name and forename, or user name). The password will then be sent to the User by e-mail as soon as possible.
Otherwise, Users are asked to contact the Site’s technical support: accorstudio@metamis.fr.



CONDITIONS OF USE/USAGE RIGHT GRANTED

The contents of this Site consist of works from various sources and authors, in respect of which exploitation rights are exclusively assigned for the purposes of the iconographic promotion and marketing of the Accor Group and its brands, for a limited period.
In this context, every photo or other document available on the Site is accompanied by an information sheet (known as an “Info Sheet”) which the User must consult before any use, in order to ensure that the scope of the rights granted to Accor is compatible with the planned usage. The conditions of use contained in these document files and made available on the Site have contractual force. Users undertake to comply strictly with the conditions of use defined in the file attached to each document, and with any additional conditions that may be established between the User and Accor.

Subject to complete compliance by the User (i) with the GCU and (ii) with the conditions of use defined in the Info Sheets attached to each document, Accor grants the User a defined, temporary, non-transferable and non-exclusive usage right in respect of the selected documents.
Any other rights are expressly excluded, and in particular, but without prejudice to the generality, the rights (i) to reproduce, represent, adapt and/or translate; (ii) to extract; or (iii) to create any work derived from all or part of the Site, other than in the context defined in this paragraph and in the paragraphs “Observance of third-party rights” and “Prohibitions and restrictions”.

In the event of doubt as to the conditions of use applicable to the documents, Users can contact the Site administrator: accorstudio@metamis.fr.



OBSERVANCE OF ACCOR INTELLECTUAL PROPERTY RIGHTS

The Accor Photo Library site and each of the elements (including the domain name, graphical elements, photos, text, videos, logos, brands, etc.) represented therein are protected by current French and international intellectual property legislation and are the property of the Accor Group and/or of its brands. Failure to observe the intellectual property rights may give rise to civil and/or criminal penalties.

None of the elements comprising the Site may be copied, reproduced, altered, republished, loaded, distorted, transmitted or distributed in any way whatever using any medium whatever, whether in whole or in part, without the prior written consent of Accor, with the exception of usage strictly for personal, private and non-commercial purposes, without alteration of the elements present on the Site.
In particular, the following notice must appear on any authorised copy of all or part of the content of the Site: “© Copyright Accor Photo Library”.
Any other use of the Site or its elements that is not expressly authorised would constitute a breach of Accor rights punishable as a breach of copyright under the Intellectual Property Code.

Any person accessing the Site has a personal, non-exclusive, non-assignable and non-transferable right to consult the information contained on the Site, for his or her own purposes and for professional purposes.
He or she is authorised to extract and/or reuse part of the content of the Site for professional consultation purposes.



OBSERVANCE OF THIRD-PARTY RIGHTS

Any use of a work without the written consent of the author or without the written consent of the person photographed/filmed, is a breach of copyright within the meaning of the law.

Observance of copyright
The contents (photos, videos, documents, etc.) of the Accor Photo Library Site constitute intellectual works within the meaning of the Intellectual Property Code. Every author holds the exploitation and moral rights over his or her work (and in particular the right to respect for his or her name and work).
In order to ensure complete observance of the copyright concerned, users undertake to exploit every item of content in strict compliance with the legal conditions set out in the Info Sheet for the said content.
Failure to observe the rights of authors and of their rights-holders may give rise to civil and/or criminal penalties.
When works are used in any way whatever, a notice relating to the copyright of the author or authors must be affixed. The copyright notice to be affixed is indicated in the Info Sheet associated with each work, in the form “@ Forename Family Name” of the author. This legal notice must appear in such a way that there is no ambiguity or confusion as to the identity of the author of the work.

Observance of the image right of persons photographed and/or filmed
Persons photographed and/or filmed have authorised the use of their image in a particular way and for the stated period, if it is limited.



PROHIBITIONS AND RESTRICTIONS

The Site’s contents are intended for the promotion, development and marketing of the Accor Group and its brands.

In the absence of the prior written consent of Accor Communication Department, any other exploitation is strictly prohibited, and in particular (but without prejudice to the generality), any commercial, advertising, partisan, immoral, defamatory or insulting use intended to denigrate individuals or legal entities and property and/or any other exploitation contrary to current laws in France and in the countries where the data is to be exploited, and/or any association with distinctive signs other than those belonging to Accor.

In particular, content downloaded from the Site is exclusively transmissible to advertising agencies and printers and more generally to any service provider responsible for producing internal or external communication media on behalf of Accor, subject to full compliance with these GCU.

Users undertake not to transfer and/or grant the rights and/or media associated with the documents made available on the Site, to third parties, whether in whole or in part, and whether free of charge or for valuable consideration.



NON-COMPLIANCE WITH THE GCU AND LIABILITIES

By accepting these GCU, Users and the individual or legal entity that they represent become personally liable. Users have sole responsibility for the use that they make of the data and content available on the Site.

In the event of use contrary to these GCU or to the legal provisions, Accor reserves the right to take any action to protect its interests.

Accor disclaims any liability for any damage that might result from access to or use of the Site, or from the Site being unavailable. Users are responsible for taking all appropriate steps to protect their equipment, data or computer software, in particular against computer viruses circulating on the network.



PERSONAL INFORMATION AND CONFIDENTIALITY

Users are informed that personal information collected upon the creation of an account to access the Site is the subject of automated processing by Accor. This information - some of which must be provided in order for an account request to be approved - is kept strictly confidential and is intended for the exclusive use of Accor staff and departments.
Accor undertakes to respect the confidential nature of the personal information provided by Users in the context of the Site, and not to transmit it to any third parties whether free of charge or otherwise.

In accordance with the French Data Protection and Civil Liberties Law of 6 January 1978 as amended by the Law of 6 August 2004 (Articles 38 to 43 of Law no. 78-17 of 6 January 1978 relating to data processing, files and civil liberties), Users have a right to object to, access, correct and delete information concerning them, which can be exercised by contacting accorstudio@metamis.fr.

To make a complaint, please contact the Site administrator: accorstudio@metamis.fr.
For any information concerning the protection of personal information, please consult the website of the National Data Processing and Civil Liberties Commission: www.cnil.fr.



CHOICE OF LAW AND JURISDICTION

These GCU are governed and interpreted in accordance with French law. Any dispute as to their interpretation or implementation shall be referred to the courts in Paris, France.