Dated February 11, 2020

1. Presentation

The ARGELES TOURISME Multimedia Library (hereinafter “the Multimedia Library”), published for the Argelès-sur-Mer Tourist Office, a public enterprise, whose head office is at Place de l'Europe, 66700 Argelès-sur-Mer, France, and whose telephone number is 0468811585, is a bank of documents covering topics relating to Argelès-sur-Mer - tourism, entertainment, the region and the population.

The Multimedia library aims to promote topics relating to Argelès-sur-Mer by making it possible to consult multimedia and download images.

Consultation is open to anyone visiting the Multimedia library website (hereinafter "the Site"). Downloading documents from the Multimedia library (hereinafter “Documents”) is reserved for certain types of users who possess an access code and password that has been previously supplied by the Argelès-sur-Mer Tourist Office.

The present general terms and conditions of use (hereinafter “T&Cs”) aim to govern the conditions under which users can consult and/or download Documents.

2. Acceptance and modification of the T&Cs

2.1 Acceptance of T&Cs:

Access and use of the Multimedia library automatically implies acceptance of the T&Cs. Only by acknowledging and accepting the T&Cs will access and download of Documents be possible.

The T&Cs complement the legal notice for the Site which users can consult on the Site home page. Access and use of the Site also automatically implies acceptance of the legal notice.

Acceptance of the T&Cs by a natural person which falls under the category of "user" access, as defined in article 3 below, is deemed to be on behalf of the legal entity on which they depend (unless the user is independent) and therefore constitutes acceptance of the T&Cs by the said legal entity.

2.2 Modification of T&Cs:

The Argelès-sur-Mer Tourist Office reserves the right to modify the T&Cs at any time, with or without prior notice or warning. Any modification to T&Cs is binding and implies the acceptance by users, with immediate effect. It is up to users to regularly consult the Site to keep up to date with the terms and conditions in place.

3. Methods of access to the Multimedia Library

There are 2 levels of user access to the Multimedia Library:

Level 1: Access to photos of all photographers

• Argelès Tourism (HD download + direct link)
• PR agencies (HD download + direct link)
• The press (HD download)

Level 2: Access to photographers’ images from the Argelès-sur-Mer Tourist Office

• Partners (download requests only for specific selection)
• Providers (access to a resource file + HD download on specific selection)
• Pros (access to resource file + HD download on specific selection)
• TO/Travel agencies (HD download on special selection)
• Other (download request on specific selection)

Document access and downloads are free of charge.

4. Authorised framework for using the Multimedia Library

Multimedia library access and rights of use are granted for the sole purposes defined herein, namely for tourist information, communication and promotion of Argelès-sur-Mer as a travel destination, according to the access level available to the user.

Any use of Documents for commercial or publication purposes, or any other purpose other than those referred to above, is strictly prohibited.

5. Intellectual property rights

Documents constitute intellectual property, protected under intellectual property law.

Documents are the property of the Argelès-sur-Mer Tourist Office or of third parties that have authorised the Argelès-sur-Mer Tourist Office to use and/or manage them on their behalf.

In accordance with intellectual property law, any representation, reproduction, modification, distortion, of all or part of the Documents, by any process whatsoever and on any medium whatsoever, not expressly authorised by the Argelès-sur-Mer Tourist Office under these T&Cs or not in compliance with these T & Cs, is prohibited. Such use (i) would constitute acts of copyright infringement and/or copyright law and would incur users' criminal and civil liability on this basis and (ii) would authorise the Argelès-sur-Mer Tourist Office to exercise all rights and remedies available to it under copyright laws.

Any compilation or creation of derivative works from the Documents is also prohibited.

6. Rules applicable to downloading documents for level 1 and level 2 users

The provisions of article 6. only apply to users classified as level 1 or 2, namely persons with the right to download Documents.

6.1 Right of access to download and right of withdrawal

Access to downloading Documents is personalised and security protected. The Argelès-sur-Mer Tourist Office provides users with an access code and password.

Access codes and passwords are confidential, personal and non-transferable. Each user is responsible for their management, conservation and the consequences of their use. It is up to each user to take the necessary precautions to ensure their conservation and protection. The Argelès-sur-Mer Tourist Office cannot under any circumstance, be held liable for any fraudulent use of these access codes and passwords.

In addition, each user undertakes to immediately inform the Argelès-sur-Mer Tourist Office of any possible unauthorised use relating to access to the Multimedia Library.

Each user acknowledges and accepts that the Argelès-sur-Mer Tourist Office reserves the right, with or without prior notice or warning:

• to cancel or shut down individual access in the event of a user's failure to comply with these T&Cs;
• to temporarily or permanently shut down individual access for non-respected security conditions or in the event of violation of T&Cs by a user.

6.2 Conditions relating to reproduction rights and representation of Documents

Rights granted:

The Argelès-sur-Mer Tourist Office declares rights, in its capacity as author or assignee of said rights, and to have obtained authorisation for templates appearing on Documents, allowing it to offer download and use of Documents under the conditions set out below.

The Argelès-sur-Mer Tourist Office grants the user free, non-exclusive, personal, non-transferable rights for each downloaded document, that are not liable to sub-assignment, reproduction and representation and only within the limits specified below.

Reproduction and representation use of Documents is strictly limited to:

• a use defined in article 4 of the T&Cs
• the period indicated on each Document downloaded
• France and its regions. As an exception, reproduction and representation of Documents on the internet and extranet sites are granted for all countries throughout the world.
• One use only. Once the Document has been reproduced and represented, any subsequent use of the same Document will require a new download. Users therefore, undertake to delete the file to which they have downloaded the Document following its reproduction and representation.

The concession of these reproduction and representation rights does not entail any transfer of property or copyright to the benefit of users.

Any reproduction or representation of Documents must legibly present the copyright notice (rights of the Argelès-sur-Mer Tourist Office and/or those of its licensors) on the Documents to be downloaded.

Users may not under any circumstance alter, modify, hide or remove information presented on the Documents.

In the event of this information being omitted from Documents, the Argelès-sur-Mer Tourist Office may ask the user to add them. If the information is not restored as soon as possible, they may request the use of said Documents to be withdrawn.

6.3 Restrictions

Documents may be cropped, provided that their integrity is not compromised, but under no circumstance should they be rotated, modified or altered, either manually or electronically, without the express written authorisation from the Argelès-sur-Mer Tourist Office.

The following are prohibited (i) any compilation or creation of derivative works drawn from the Documents, (ii) any integration of the Documents into a logo, a commercial brand or a service brand.

Any use of the Documents for commercial purposes is strictly prohibited.

Users may not make Documents available to third parties for the purpose of authorising or inviting others to download or retrieve them.

6.4 Right to verify the use of Documents

The Argelès-sur-Mer Tourist Office will be entitled to ask users to provide a copy of reproductions and representations of Documents in order to check they comply with these T&Cs. Users will have twenty-one (21) working days to provide the Argelès-sur-Mer Tourist Office with these copies.

7. Responsibilities of users

Users agree to reproduce and represent Documents under the conditions defined in article 6.2 of the T&Cs.

By their acceptance, the user is prohibited from any type of use not explicitly provided for by law or not expressly authorised by the T&Cs. Level 1 & 2 users assume the responsibilities relating to the adequacy of Documents to their particular needs. They are solely responsible for the use of Documents. In this regard, users must in particular examine the Documents in order to detect any possible faults (digital or other) before reproducing them. If such faults are detected, they should notify the Argelès-sur-Mer Tourist Office, which will do its best to remedy these issues.

Use of Documents for illicit purposes is strictly prohibited, regardless of whether linked directly or indirectly (by context or by juxtaposition) to a specific subject.

Users must immediately notify the Argelès-sur-Mer Tourist Office if they know or suspect that a third party, who has had access to the Documents, is fraudulently using all or part of the Documents or is violating any intellectual property right of the Argelès-sur-Mer Tourist Office or third parties that have granted licenses.

8. Responsibilities of the Argelès-sur-Mer Tourist Office

The Argelès-sur-Mer Tourist Office will make its best efforts to ensure continued accessibility and the smooth running of the Multimedia Library.

The Argelès-sur-Mer Tourist Office cannot, however, guarantee that the Multimedia Library operation will not be interrupted OR continuous and free from any error and cannot be held liable in the event of the Multimedia Library being unavailable, for whatever reason.

The Argelès-sur-Mer Tourist Office cannot be held liable for any indirect material damage, direct or indirect immaterial damage resulting from a suspected or real document defect or their reproduction in any way. Indirect damage specifically refers to: Any lost profit, financial loss, loss of customers, loss of revenue and profit, damage to brand image, inaccuracy, corruption or loss of files, data or computer programmes. Any action directed against users by a third party equates to indirect damage, and consequently does not constitute rights to compensation.

Under no circumstances can the Argelès-sur-Mer Tourist Office be held liable in the event of use by a Multimedia library user that does not comply with these T&Cs.

Likewise, the Argelès-sur-Mer Tourist Office cannot be held liable for acts due to an event of force majeure, breakdowns and technical problems concerning the hardware, programmes and software or Internet connection which could lead to the suspension or shut down of the Multimedia Library, if required.

The Argelès-sur-Mer Tourist Office reserves the right at any time, without prior notice or warning, the possibility to modify, suspend or interrupt the distribution of all or part of the Multimedia Library content.

The Argelès-sur-Mer Tourist Office guarantees users that the use of Documents in their original form and in accordance with these T&Cs will not infringe any copyright or moral right of any natural person or legal entity.

9. Applicable law and competent jurisdiction

The T&Cs are governed by French law. Any use must be made under conditions that comply with the law and will be deemed to have occurred on French territory.

10. In the event of a litigation linked to the interpretation, the validity and consequences of the T&Cs and, in the absence of a prior amicable solution, the Perpignan courts will be solely competent.

The Argelès-sur-Mer Tourist Office reserves the right to take legal action against anyone acting in a manner that may be considered illegal or unlawful or that contravenes these conditions.