Article 1 - Acceptance of the “General Conditions”
Access to the CONSTRUCTION NAVALE BORDEAUX "Photo Library" for the LAGOON brand, and the use of photographs, videos, plans, press releases, logos or any other documentation (hereinafter the "Visuals"), available in the said Photo Library, implies full and unreserved acceptance of the "General Conditions", without limitation or conditions. Failing this, the "User" will be unable to access the Photo Library.
Before downloading or using the Visuals, the User undertakes to carefully read the General Conditions and accept them by ticking the box provided for this purpose.
CONSTRUCTION NAVALE BORDEAUX reserves the right to modify unilaterally, at its sole discretion and at any time, all or part of the General Conditions. Any modification of the General Conditions shall take effect immediately on publication on the Photo Library and is automatically binding on the User. The user shall therefore regularly review the said General Conditions prior to downloading or use of Visuals.
Article 2 - Access to the Photo Library
Use of the Photo Library is intended solely for three (3) categories of User:
- "Internal Departments" of CONSTRUCTION NAVALE BORDEAUX, including its employees and Communication Agencies;
- the "Press";
- the "Network" of LAGOON brand dealerships/distributors.
Any other User such as private owners of LAGOON brand boats, associations, partners, suppliers, charter companies, etc., this list not being exhaustive, (hereinafter referred to as "Other Users") not belonging to one of the three (3) previously mentioned categories is not authorised to access the Photo Library.
The use of the Visuals depends on the category to which the User belongs.
Before being able to access the Photo Library, the User must submit an access request to CONSTRUCTION NAVALE BORDEAUX by completing a registration form mentioning in particular his surname, first name, company, email address and intended use of the Visuals.
If the access request is approved, CONSTRUCTION NAVALE BORDEAUX will send the User a confirmation email, as well as a User id and a password. The said User id and password are strictly personal and confidential. The User shall expressly refrain from communicating them to anyone for any reason whatsoever.
In the event of loss of login credentials, the User can request that CONSTRUCTION NAVALE BORDEAUX readvise them by clicking the "Forgotten your password" link and supplying the information that is requested. A new password will then be sent by email.
The User is responsible for all downloads made using his credentials and any detriment resulting from any fraudulent use. Any login and/or use of Visuals effected using his credentials will be deemed to have been performed by the User holding the said credentials and under his sole responsibility.
CONSTRUCTION NAVALE BORDEAUX reserves the right to refuse access to the Photo Library, suspend, restrict and/or withdraw access, at its sole discretion and without notice.
Article 3 - Use of Visuals
The Press is authorised, on a non-exclusive and worldwide basis, to download the Visuals in high definition and to use them, free of charge, in all physical or virtual media, solely in the press (general or specialist print media or on the Internet), whether the Visuals are used for editorial content or on the cover.
The Network and the Internal Departments are authorised, on a non-exclusive and worldwide basis, to download the Visuals in high definition and to use them, free of charge, in all physical or virtual media (print or Internet), solely for the promotion of the LAGOON brand and its products.
Other Users are able to view the Visuals in low definition on the areas of the Website accessible without logging in, and must contact CONSTRUCTION NAVALE BORDEAUX in advance with any request to use them. The use of the Visuals thus defined is permitted subject to compliance with the following cumulative conditions:
- The Visuals shall in no circumstances be used for the purpose of illustration of articles or reports unrelated to the LAGOON brand's business or products, or that would impair its brand image or reputation;
- The Visuals shall in no circumstances be used for commercial, advertising, immoral, defamatory or offensive purposes, to denigrate persons (natural or legal) or goods, and/or any other use that would be contrary to the laws in force in France or in any country in which the Visuals are used;
- The Visuals shall in no circumstances be disclosed to third parties;
- The Visuals shall in no circumstances be altered in any way whatsoever. By way of example, the following are thus prohibited: any changes to the colours or cropping of the Visuals. Users are however permitted to reduce the size of a Visual provided that the entire Visual is reproduced and that its original proportions and quality of resolution are unaltered;
- Any reproduction of a Visual shall without fail include the photo credit as well as the name of the photographer and/or identification of the image, as well as the indication ©LAGOON, according to the Visual selected.
- A copy of the publication incorporating the Visual (copy of magazine, website URL, PDF artwork, website address at which the photographs or a screenshot are located, etc.) shall be sent, on the first request, to the following address:
CONSTRUCTION NAVALE BORDEAUX
162 QUAI DE BRAZZA
33072 BORDEAUX (FRANCE)
Tel.: +33 5 57 80 85 50
For any use not covered in the General Conditions, the User shall without fail contact CONSTRUCTION NAVALE BORDEAUX in advance.
Article 4 - Intellectual property
The Photo Library and its contents, in particular the Visuals, are protected by intellectual property rights belonging to CONSTRUCTION NAVALE BORDEAUX.
Photographs credited as by Nicolas Claris are the work of the latter and videos and their music credited as by Romain Claris are the work of the latter. For any use of such photographs, videos and/or music, outside of the uses and categories of Users defined in Article 3 relating to the Use of Visuals of the Photo Library, the CLARIS company should be contacted directly: +33 5 56 32 42 52 / firstname.lastname@example.org.
Rights of use granted to the User (as defined above) shall in no circumstances be interpreted as assignment of intellectual property rights in respect of the Visuals.
Any use of the Visuals in breach of the General Conditions constitutes an infringement punishable under intellectual property law and exposes the User to civil and/or criminal proceedings. In the event of doubt as to the scope of the authorisation to use the Visuals granted by the General Conditions, it is recommended that the User contact CONSTRUCTION NAVALE BORDEAUX.
No right of use is granted to the User in respect of any element of the Photo Library other than the Visuals. The reproduction or representation, in whole or in part, of any element of the Photo Library other than the Visuals, by any process or medium whatsoever, is prohibited and constitutes an infringement.
Article 5 – Exclusions of warranty - limitation of liability
Access to the Photo Library and use of the Visuals are undertaken under the User’s sole responsibility.
CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from use of the Photo Library and/or the Visuals not in accordance with the General Conditions and/or legislation in force.
The User undertakes to indemnify and hold harmless CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, in respect of any claim that may be instituted against them arising from use of the Photo Library and/or the Visuals not in accordance with the General Conditions and/or legislation in force.
NAVAL CONSTRUCTION BORDEAUX does not in any circumstances guarantee that the server that it uses is free from viruses. CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from a User’s computer equipment being damaged or destroyed by a virus further to access to and/or use of the Photo Library.
NAVAL CONSTRUCTION BORDEAUX does not in any circumstances guarantee access to or correct operation of the Photo Library. CONSTRUCTION NAVALE BORDEAUX, its affiliated companies, their representatives or employees, shall not be held liable for any, even direct, detriment, accidental or otherwise, arising from failure to access or incorrect operation of the Photo Library.