Terms and Conditions of Sale

By accessing any part of this Website, you shall be deemed to have accepted the following conditions in full.

 

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TERMS AND CONDITIONS OF SALE

 

LuckyCaravan Pictures, headquartered in La Boissière, 30170 Pompignan, FRANCE, Siren n°: 419 386 156,

hereinafter referred to as the “PROVIDER”, has developed a website at www.luckycaravan.pictures.

 

This site allows creators of photographs or videos (hereinafter referred to as “AUTHORS”) to publish their

works (hereinafter referred to WORKS) on the website www.luckycaravan.pictures (hereinafter referred to as

the “WEBSITE”) and to authorize third parties (hereinafter referred to as “PURCHASERS”) to acquire Rights for

their WORKS under specific conditions.

 

This Agreement applies as soon as a user (hereinafter referred to as the “USER”) opens an account on the

WEBSITE. By creating his/her account, he/she accepts the terms of this Contract. He/she also accepts the

Terms of Sale as well as the Terms of Use of the Site, for which this Contract is a complement and in which it is

integrated.

 

The USER acknowledges being fully informed that his/her consent to the terms of the present Contract does

not require the handwritten signature of this document.

 

The USER declares to be of full age and to have the full legal capacity enabling him to commit to these Terms

and Conditions.

 

The USER declares to have the faculty to safeguard the present Contract.

 

1. Definitions

 

AUTHOR or  CONTRIBUTOR: designates an individual person or legal entity, possessing all the rights of the

WORK which he/she uploads on the WEBSITE for the purpose of making it possible for the PURCHASERS to

utilize them under certain conditions.

 

CONTRACT: refers to the Terms and Conditions of Sale, the Terms and Conditions of Use of the Site, and the

Contributor Agreement for Uploading Works.

 

COOKIE: refers to a small text file stored by the web browser on the user’s RAM and which allows to retain

information. According to the law, the acceptance of COOKIES is requested at the first connection for a

maximum duration of 12 months. COOKIES can also be generated by services providers of the WEBSITE such as

Google, Yahoo, Facebook, etc …

 

DOWNLOAD or TO DOWNLOAD or DOWNLOADING: refers to the act performed by a PURCHASER to download

on his/her computer a WORK obtained on the WEBSITE after having acquired it via the conditions stipulated in

this CONTRACT.

 

EDITORIAL USE: refers to the usage that is recommended for a WORK in the absence of appropriate

authorizations and releases granted by recognizable persons, or owners of identifiable properties or goods. in

the absence of such authorizations (indicated on the product page) the PURCHASER knowingly utilizes the

WORK(S) at his/her own risk. In some cases, according to the subject matter, it may be preferable to restrict

the use of a WORK to the context of a documentary, report, or other work of general interest.

 

GRAPHIC CHARTER: refers to the general structure and layout of the WEBSITE.

 

LICENSE: designates the conditions of use of a WORK the PURCHASER accepts when he/she places an Order.

 

PARTNERS: designate all persons or legal entities (associates, business partners and other third parties) under

contract with the PROVIDER within the framework of the WEBSITE.

 

PERSONAL PAGE: indicates a section of the WEBSITE restricted to the USER, its access being enabled through a

login and password.

 

PURCHASER: designates a User registered on the WEBSITE acquiring, by various means, the rights to utilize a

WORK showcased on the WEBSITE.

 

WEBSITE: designates the website www.luckycaravan.pictures developed by the PROVIDER and more

specifically constituted of its graphic interface, its source codes, and related databases.

 

USER: designates a User registered on the WEBSITE. There are two types of USERS: PURCHASERS and

AUTHORS.

 

WORK: designates a photograph, vectorial image, video, audio file, illustration, animation, 3D model, music or

any other digital material uploaded by the AUTHOR on the WEBSITE, as well as the relevant descriptive

information, and any other required documents (ie : the written consent of the model or that of the owner of a

private property).

 

2. Purpose of the contract

 

This contract defines the conditions of use of the WEBSITE by the USERS and the various services offered by the

PROVIDER, thus enabling the AUTHOR to propose LICENSES to the PURCHASERS so that they may utilise, under

certain conditions, the WORKS .

 

THE AUTHOR retains, in any case, the legal property of his WORK, and no copyright or title will be transferred.

 

3. Consent to the Contract

 

By express consent between the parties, the opening by the USER of an account and the action of

DOWNLOADING a WORK from the WEBSITE, constitutes unconditional acceptance of the Terms and Conditions

of Sale as well as the Terms and Conditions of Use of the WEBSITE. The USER acknowledges that this

CONTRACT applies to each WORK he/she DOWNLOADS, including the WORKS DOWNLOADED before the

effective date of this CONTRACT.

 

The USER acknowledges being fully informed that his/her acceptance of the Terms and Conditions of this

present CONTRACT does not require a handwritten signature.

 

The USER confirms that he/she is of legal age, and that he/she has the legal capacity or has parental consent to

commit to the following Terms and Conditions.

 

By accepting the terms of this CONTRACT and DOWNLOADING a WORK from the WEBSITE, the USER declares

that, in the absence of property and/or model releases, he/she assumes full responsibility for any use of the

WORKS other than for EDITORIAL purposes.

 

This CONTRACT is subject to change at any time and without prior notice. However, these modifications will be

systematically brought to the attention of the USER who will be able to discretionarily reject the modifications.

In the event of the USER’s refusal, this present CONTRACT will continue to have full effect.

 

4. Access to the WEBSITE and registration

 

Access to the WEBSITE is free. Any vistor can therefore consult the WORKS, without prior registration.

However, a PURCHASER must be registered in order to DOWNLOAD and utilize a WORK.

In this case the USER will be required to follow the instructions necessary for his/her registration, when

creating an account.

 

The USER shall, in particular, provide his/her civility information, name, surname, date of birth, postal address,

e-mail address and shall be required to update this information as often as necessary, for this information to

continue to be accurate and complete.

 

The USER is committed to providing true and sincere information. The USER may, at any time, modify his

personal information, his username and password, by accessing his PERSONAL PAGE.

 

The USER is solely responsible for the use of his/her login and password, which he/she is committed to

preserve confidentially. In the event of loss or of unauthorized use of his/her account, it is up to the USER to

warn the PROVIDER without delay, by using the « Contact » link present at the bottom of all the pages of the

WEBSITE. In case of a possible loss of the password, the AUTHOR, upon opening a session and entering his/her

user name, can click on a link offering the possibility to request a new password which will be addressed to

him/her via the email indicated in his/her personal information.

 

5. Consent to Electronic Communications; Personal Data

 

The PROVIDER may send the USER notices by email to the address that has been specified to us on his/her

PERSONAL PAGE. The USER consents to receive communications from the PROVIDER electronically and accepts that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

 

6. Ordering a WORK

 

In order to carry out the order of a WORK, the PURCHASER will follow the following steps:

 

• The PURCHASER will login to his PERSONAL PAGE.

• After having selected and placed the items in the basket, the PURCHASER will verify the order and, if

necessary, identify and correct errors; it will always be possible to abandon the order until validation.

• The PURCHASER will validate the order and follow the instructions of the online payment server PAYPAL.

• The PURCHASER will be redirected to his/her PERSONAL PAGE. He/she will receive an electronic confirmation

of the order, which will include the order number, and the price paid.

• A link will be provided to allow the PURCHASER to DOWNLOAD the ordered WORKS.

 

7. LICENCES

 

All the WORKS available on the LuckyCaravan Pictures website are Royalty Free. The PROVIDER grants the BUYER a non-exclusive, and non-transferable right to use and reproduce the WORK mentioned on the invoice, within the strict limits expressly set out in this CONTRACT.

The use of the WORK is not limited to a type of use, medium, duration, number of prints, or location. The BUYER may use the WORK in any production process.

This right may be exercised by the BUYER’s subcontractors for the purpose of designing and manufacturing his/her product, provided that such subcontractors undertake to comply with the provisions of this CONTRACT. The BUYER may grant the rights and/or transfer ownership of any Work belonging to him/her as part of any distribution process necessary or appropriate for the use defined in this CONTRACT.

The BUYER is in no way authorized to grant rights of use or to assign rights relating to a WORK.

The WORK may not be integrated into a logo, corporate name or trademark without the prior consent of the PROVIDER. The BUYER may not make the WORK available in a manner that allows a third party to, or invites a third party to, download, extract, reproduce or access the WORK as a separate file. The BUYER also undertakes to comply with the regulations in force and/or professional codes and practices. In the event that the WORK representing a person or property is used in a situation that a person may objectively find unflattering or offensive, the BUYER must accompany such use with a statement that the WORK is used exclusively for illustrative purposes.

The use of a WORK for pornographic or defamatory purposes or any other unlawful use is strictly prohibited, whether directly or in connection (by context or by juxtaposition) with other content or subjects.

The BUYER may not directly or indirectly reproduce the AUTHOR’s WORK on a secondary basis, such as in compilations, screenshots, contextual promotions, on file-sharing websites or social networks such as YouTube, Facebook, Instagram, etc.

When the BUYER acquires a WORK on behalf of a third party, the BUYER hereby represents and warrants that he/she is authorized to act on behalf of the third party and has the full capacity to make this CONTRACT enforceable against the third party, and if the third party disputes such power or capacity, the BUYER shall be liable for any breach by the third party of the provisions of the CONTRACT. The BUYER is not entitled to claim, expressly or implicitly, that he is the original creator of a visual work in which a large part of the artistic composition has its origin in the WORK under LICENSE. If the BUYER authorizes the Reproduction of his work on a website, the BUYER shall publish on the said website general conditions of use prohibiting any downloading, new publication, retransmission, reproduction or any other use of the original WORK as a separate file.

 

8. Support for a LICENSE

 

Except in the case of defective files that are the result of the PROVIDER’s own act of negligence and which he

agrees to replace, the PROVIDER does not ensure any after-sales assistance and will transmit to the AUTHOR

the needs of assistance of the PURCHASERS having obtained a LICENCE.

 

9. Payment

 

The AUTHOR authorizes the PROVIDER to undertake the sale of his WORKS.

 

In accordance with article 293B of the French tax legislation, and given the status of the PROVIDER, VAT is non

applicable on products sold by Luckycaravan Pictures.

 

The payment of a WORK is made obligatorily through the services of a third party, PAYPAL, in order to secure

the payment. Thus, the use of the WEBSITE by the PURCHASER will imply the opening of a PAYPAL account and

the acceptance of the associated Terms and Conditions.

 

During the transaction a receit representing both the PROVIDER’s and the AUTHOR’s share will be established

for the PURCHASER.

 

The price of a WORK showcased on the WEBSITE is net of commissions and/or fees payable or deducted by

financial institutions for processing a credit card and/or currency conversion for payments received in foreign

currency. Additional costs may therfore apply.

 

10. Guarantees of the AUTHOR

 

THE AUTHOR guarantees the peaceful enjoyment of the rights to both the PROVIDER and the PURCHASER

against any disturbances, claims and evictions of any kind.

 

THE AUTHOR hereby declares and warrants that:

• The WORKS contain all necessary and sufficient information for their actual sale on the WEBSITE, the

information is complete, accurate, and does not contain false, incorrect or contradictory metadata;

• The WORKS UPLOADED on the WEBSITE are original works;

• The WORKS, together with the information accompanying them, do not infringe any copyright, property

rights or other rights related to third parties.

 

THE AUTHOR further declares and warrants that he/she:

• Does not concede a LICENCE by other means for provided WORKS (except periodic licences, covered by the

law, at creative ends);

• Does not grant a LICENSE for a work that is the property of one or more authors (except when the WORKS

are the property of a group of authors to which the AUTHOR belongs, and for which the AUTHOR has exclusive

rights);

• Does not grant a LICENSE for a WORK if he/she does not have all the documents required for the publication

and distribution of this WORK;

• If the WORK contains or depicts any recognizable name, voice, person, image, trademark, trade dress, logo,

copyrighted audio, design, art, architecture or other works, and the WORK information indicates that the

AUTHOR has obtained a model release from the person or persons depicted or a property release from the

owner of the Third Party, the AUTHOR has in fact obtained, has and will retain in his/her possession such

release or releases. On request by us or the PURCHASER, the AUTHOR will provide such release or releases;

• If the AUTHOR submits a WORK on behalf of his employer or any other person he represents, he/she

guarantees that he/she has the full right and power to execute the terms of this CONTRACT on their behalf.

 

11. Advertising

 

The PROVIDER commits to clearly identifying on his WEBSITE the advertising websites by mentioning the term

“publicity” or equivalent.

 

The PROVIDER is likely to insert advertisements on the WEBSITE or to subscribe to services proposed by third

party companies allowing them to insert directly and automatically the advertisements in the pages of the

WEBSITE clearly identified as such.

 

12. Liability

 

The AUTHOR acknowledges and assumes all responsibilities and risks of any kind related to the dissemination

and commercialization of his/her WORKS on the WEBSITE.

 

The PROVIDER is only a neutral intermediary between the AUTHOR and the PURCHASER.

 

Consequently, the responsibility of the PROVIDER, his PARTNERS, his employees or any other party implied in

the creation and the exploitation of this WEBSITE shall not be deemed responsible in any way for any prejudice

or damage, direct or indirect, of whatever nature, resulting from the access, the use, even partial, or the

interpretation of information of this WEBSITE.

 

The use of the WEBSITE is under the sole responsibility of the USERS.

 

The AUTHOR accepts responsibility for the entirety of the damages to which the PROVIDER, his PARTNERS, his

employees or any other party implied in the creation and the operating of this WEBSITE could be condemned

as well as all legal expenses and fees to which they could be exposed.

 

In all assumptions, the full amount of the liability incurred by the PROVIDER with regard to the USER is limited

to the sum of 800 euros.

 

13. Updating, interruption and availability of the WEBSITE and its contents

 

The PROVIDER has the possibility of stopping, suspending temporarily or definitively or modifying the access to

the whole or part of the WEBSITE, in order to ensure it’s maintenance, or for any other reason, without this

interruption entitling the USER to any obligation or compensation.

 

The USER acknowledges and accepts that the PROVIDER is not responsible for the interruptions and

consequences that may result for himself or any third party.

 

There is no provision for technical assistance to the USER whether by mail, telephone or any electronic means.

 

14. Warning

 

BY ACCEPTING THIS CONTRACT, THE USER ACKNOWLEDGES THAT HE/SHE HAS READ IT IN FULL, UNDERSTANDS IT, AND HAS THE POSSIBILITY TO REQUEST AN INDEPENDENT LEGAL ADVICE BEFORE ITS ACCEPTANCE.

THE USER AGREES THAT THE CONDITIONS ARE THE FULL AND EXCLUSIVE DECLARATION OF THE AGREEMENT BETWEEN THE USER AND THE PROVIDER, WHICH IS IN LIEU OF ANY PROPOSAL OR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE USER AND THE PROVIDER RELATING TO THE OBJECT OF THIS CONTRACT.

 

15. Duration of contract

 

This contract is concluded upon acceptance of its Terms and Conditions and for an unlimited duration.

 

16. Miscellaneous provisions

 

The PROVIDER can freely transmit, with or without charge, the benefit of this contract to third parties, without

the prior consent of the USER.

 

17. Modification of the general conditions of sale

 

The PROVIDER has the right to modify, at any time and without notice, these Terms and Conditions of Sale to

adapt them to the evolution of the WEBSITE and/or its exploitation.

 

USERS who do not wish to accept the new version of the CONTRACT, must refrain from utilizing the services

provided by LuckyCaravan Pictures from the date on which the revised version is to take effect.

 

The new Terms and Conditions of Sale will be brought to the attention of the USERS by online modification.

 

18. Rules of use of the internet and computer security

 

The USER declares accepting the characteristics and limits of the Internet and in particular recognizes:

• that he/she is solely responsible for the use he makes of the information. Consequently, the PROVIDER can

not be held, due to an express or tacit obligation, as being civilly liable to the USER for any direct or indirect

damage resulting from the use of said information;

• he/she is aware of the nature of the Internet, in particular its technical performance and the response times

for consulting, interrogating or transferring information;

• the communication by the USER of his/her personal identifying information or, in general, any information

deemed to be confidential, is made under his/her own responsibility;

• it is the responsibility of the USER to take all necessary measures to ensure that the technical characteristics

of his computer allow him to place orders;

• it is the Customer’s responsibility to take all appropriate measures to protect its own data and/or software

from contamination by viruses circulating through the WEBSITE www.luckycaravan.pictures.

 

The PROVIDER assumes no responsibility for the services available on the Internet and does not exercise any

control whatsoever on the nature and characteristics of the data that may pass through its technical

infrastructure.

 

Since no site is inviolable, the PROVIDER’s responsibility can not be questioned if unwanted data are imported

and installed on the WEBSITE without his knowledge or if, conversely, the data transmitted by the USER to

manage his account or orders are misappropriated for unauthorized use by third parties.

 

The WEBSITE contains information made available by external companies or hypertext links to other sites that

have not been developed by the PROVIDER.

 

The existence of hypertext links on the WEBSITE leading to other sites does not in any way constitute a

validation of these sites or their contents by the PROVIDER. It is up to the USER to use this information or not.

The responsibility of the PROVIDER can not be engaged due to the information presented by these third party

sites.

 

The hyperlinks are performed in part automatically, and can not all be verified by the staff of the PROVIDER. If,

however, in the pages of the WEBSITE, there is a link to an external page in which illegal contents are to be

disseminated by a third party, the PROVIDER will, after having been duly informed of the said contents, erase

the link with that page.

 

The PROVIDER has no means of controlling these third party sites (and/or the products and services they offer)

and is not responsible nor guarantees the services provided by such sites.

 

19. Loss and protection of computer data

 

The PROVIDER shall assume no liability whatsoever, either direct or incidental, for any damage suffered by the

USER as a result of the total or partial loss or of the deterioration of software, data or damage to hardware in

connection with accessing or utilizing the WEBSITE (or any other site referenced on the WEBSITE).

 

It is the sole responsibility of the USER to take all appropriate measures to protect his/her own hardware,

programs and data from contamination by any form of malicious software running on the Internet.

 

20. Collection of data

 

The PROVIDER commits to respect the confidentiality of all personal data submitted by the USERS to the

WEBSITE and to process such data in compliance with the French Data Protection Act, more specifically the

“Loi Informatique et Libertés of 6 January 1978 ».

 

21. Use of COOKIES

 

Generally, COOKIES are generated for a 12 month period. The most frequently used COOKIES are: Google

Analytics, Facebook, Google +, Twitter, etc.

 

However, the USER has the right to reject the activation of COOKIES by modifying the configuration of his/her

browser:

For Mozilla Firefox:

1. Select the “tool” menu then “option”

2. Click on the “Privacy” icon

3. Locate the “cookie” menu and select the appropriate options

For Microsoft Internet Explorer:

1. Choose the “tool” menu then “internet options”

2. Click on the “Confidentiality” icon

3. Select the desired level using the cursor

 

Under the terms of the Law n ° 78-17 Informatique et Libertés of 6 January, 1978, the USER has the right to

access, rectify and delete personal information upon written request at the following mailing address:

LuckyCaravan Pictures

Customer service

La Boissiere

30170 Pompignan

FRANCE

 

22. Intellectual Property in the SITE

 

All content on this WEBSITE, including articles, artwork, screen shots, graphics, logos, databases, digital

downloads and other files, is the property of the PROVIDER, unless owned by a third party, and is protected by

French and international copyright, trademark and other intellectual property laws.

 

The names and trademarks mentioned on the WEBSITE are registered trademarks of the PROVIDER or his

beneficiaries. Any reproduction, imitation and more broadly any exploitation of these marks are prohibited.

Only private use of the graphic charter and the contents is authorized and this in accordance with the

provisions of the Code of the Intellectual Property.

 

Consequently, the USER may not represent, reproduce, modify or otherwise sell, publish, exploit and distribute

in any digital or other format all or part of the information, texts, photos, Images, videos and data present on

the WEBSITE, within the meaning of the provisions of article L.112-1 of the Code of the intellectual property,

and any other data, without prior written authorization of the PROVIDER

 

Any unauthorized use of the GRAPHIC CHARTER, the contents, the trademark constitutes acts of infringement

of copyright and/or trademark law and engages the criminal and civil liability of the USER on the basis of the

Counterfeiting of copyright and/or trademark law, and possibly on the basis of parasitism and/or unfair

competition.

 

23. Right of withdrawal

 

Insofar as the contract relates to the provision of services executed immediately, the PURCHASER expressly

abandons any right of withdrawal and accepts to fully benefit from the effects of the CONTRACT upon

acceptance of these Terms and Conditions of Sale.

 

24. General Provisions

 

The PROVIDER can freely transmit, with or without charge, the benefit of this contract to third parties, without

the prior consent of the AUTHOR.

 

The nullity of any of the obligations resulting from this contract, for whichsoever cause, will not affect the

validity of the other obligations and the Parties accept to negotiate provisions of replacement in good faith.

 

For the needs of the present contract, the Parties shall be deemed to be domiciled for the PROVIDER at the

officially registered address and for the AUTHOR at the contact indicated at the time of registration.

 

25. Language of Contract – Applicable duty – Litigation

 

This contract was originally written in French, the only language being considered in the event of litigation,

even in the presence of translations, which must be considered a simple convenience and not having any legal

effect, particularly insofar as the interpretation of the contract or the common intention of the Parties.

 

The WEBSITE can be consulted in various languages and from various countries. However, the WEBSITE is

established in FRANCE; it is managed and controlled by LuckyCaravan Pictures, registered in FRANCE.

 

This contract is thus entirely and exclusively subjected to the French law. This submission of the contract to the

French right is a determining condition of the assent of the PROVIDER. The USER accepts this condition

expressly.

 

This contract is not governed by the United Nations Convention on Contracts for the International Sale of

Goods.

 

In the event of a dispute relating to the application or the interpretation of this contract, it is expressly agreed

that the courts of Montpellier (France) will be only qualified or failing this, the courts of the French territory,

even in the event of plurality of defendants or call in warranty.

 

_________________________

Last update : 13 September 2019

 

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