Become a contributor

You have premium quality Works you would like to put up for sale on LuckyCaravan Pictures ? We would be very happy to welcome you among us. Please read the following Terms and conditions and become a contributor.

CONTRIBUTOR AGREEMENT FOR UPLOADING WORKS

on

www.luckycaravan.pictures

Print version in pdf

V15

Last update : 25 April 2017
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1   LuckyCaravan Pictures, having its head office in La Boissière, 30170 Pompignan, France, registered at the Sirene repertoire under the n°. 419386156, designated hereafter as the PROVIDER developed a website at the address www.luckycaravan.pictures.

2   This website allows a creator of video, photographic, and audio material (designated hereafter “AUTHOR”) to upload his/her works at www.luckycaravan.pictures (hereafter called the “WEBSITE”) and to authorize third parties to acquire rights of these works under specific conditions.

3   This contract applies when an AUTHOR opens an account on the WEBSITE. By creating his/her account, he/she accepts the conditions of this contract. He/she also accepts the Terms and Conditions of Sale as well as the Terms and Conditions of use of the website, for which this contract constitutes a complement and in which it is integrated.

THE AUTHOR declares to have the faculty of safeguarding the present contract.

It is agreed what follows:

  1. Definitions

AUTHOR or CONTRIBUTOR or YOU: 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 to the PURCHASERS to utilize them under certain conditions.

LICENCE: indicates the conditions of use of a WORK chosen by the AUTHOR which the PURCHASER accepts so as to place 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:indicatesasectionofthe WEBSITE restricted tothePURCHASERandtheAUTHOR,itsaccessbeing enabled through a login and password.

PURCHASER: designates a User registered on the WEBSITE acquiring, by various means, the rights to utilize a WORK presented and transmitted via the WEBSITE.

TO DOWNLOAD: designates the act carried out by a PURCHASER when copying on his/her or his/her company’s computer a WORK presented on the WEBSITE after having purchased it under the conditions described in the License Agreement.

TO UPLOAD: designates the act carried out by an AUTHOR to send a WORK on the WEBSITE with the aim of displaying it, of transmitting it and/or of marketing it via the PURCHASERS.

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

WEBSITE:designates the website www.luckycaravan.pictures developed by the PROVIDER and more specifically constituted of it’s graphic interface, it’s source codes, and related data bases.

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 authorisation of the model or the owner of a private property).

2. Object of the contract

This present contract defines the terms of use of the WEBSITE by the AUTHOR and the various services offered by the PROVIDER permitting the AUTHOR to propose LICENCES to PURCHASERS allowing them to utilize the WORKS under certain conditions.

The AUTHOR will however retain legal ownership of his WORK, and no copyright ownership or title will be transferred.

The AUTHOR is required to UPLOAD his/her WORKS on the WEBSITE.

By this Contract, the AUTHOR authorizes the PROVIDER to market exclusive and non-exclusive Royalty Free LICENCES of his WORKS via the WEBSITE. The AUTHOR recognizes that he/she has read and accepts the terms of this agreement.

The PROVIDER thus acts as a service provider for the AUTHOR.

In order to allow the PROVIDER to fulfill his obligations, the AUTHOR grants him the right to reproduce, represent, adapt WORKS on the WEBSITE, for the full duration of this contract and for all countries and all ends envisaged within the contract. The granted reproduction right includes the rights : to reproduce or to allow to reproduce the WORKS in part or their entirety, in a temporary or permanent way, unlimited in number; to digitize, put online, to download WORKS and print them. The granted right of representation includes the right to diffuse WORKS and to make them known to the public. The right of adaptation and modification includes the right : to enrich and to format WORKS in a multi-media unit; to insert within WORKS the hyperlinks redirecting to other sounds, musics, animated or still images or, texts or all other websites; to convert WORKS into all digital formats; to carry or to have carried out digests, legends, of the WORKS.

3. Agreement to the terms of the contract

By express consent between the parties, the creation by the AUTHOR of an account, the means by which are described herein, and the uploading of a WORK on the WEBSITE, validate the acceptance of this contract. The AUTHOR acknowledges that this contract applies to each WORK which he/she uploads on the WEBSITE, including WORKS uploaded before the effective date of this present contract.

The AUTHOR acknowledges being fully informed that his/her acceptance of the Terms and Conditions of this present contract does not require a handwritten signature.

The AUTHOR 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.

When the registration is finalized, the AUTHOR will be offered the possibility to obtain a print version of the contract binding the parts.

This contract is likely to be modified without notice. However, these modifications, if necessary, will be made known to the AUTHOR who will have the possibility to reject them. In the event of the AUTHOR’s refusal, this contract will continue to be effective in full.

4. Characteristics of the Works

The AUTHOR confirms he/she has all the rights allowing him/her to market WORKS on the WEBSITE, and to be the only person in charge of their diffusion on the WEBSITE.

By accepting the terms of this contract and by uploading a WORK on the WEBSITE, the AUTHOR declares that:

  • he/she possesses the intellectual property and associated rights of the WORKS;
  • no WORK has and will ever be used by him/her for the creation of logotypes, brand names or registered trademarks, that it is for personal use by the AUTHOR or use by third parties;
  • he/she holds all the written permissions and authorisations necessary for the use of images illustrating possessions (in the broad sense, tangible or immaterial properties) or persons appearing in a WORK, as well as for the use of sound recordings where persons or audio works are recognizable;
  • in the absence of written authorizations for the goods and / or persons, the WORKS may be submitted only for editorial usage;
  • he/she is of sufficient legal age to grant rights and create binding legal obligations set out in this agreement.

When an AUTHOR wishes to propose on the WEBSITE a WORK created collectively (i.e. a collective work or a collaboration), he/she declares and guarantees that he/she is duly authorized to sign this contract and is in possession of all the documents and necessary authorisations relative to the copyrights of the WORKS enabling him/her to market them on the WEBSITE.

The AUTHOR must upload WORKS on the WEBSITE along with the relevant copies of all the authorisations related to the WORKS. The PROVIDER does not exert any control on the contents of the documents thus transmitted, particularly their validity.

5. Access to the WEBSITE and registration, update

Access

The access to the WEBSITE is free. Any visitor can thus consult WORKS, without preliminary registration.

On the other hand, all AUTHORS must be registered to UPLOAD a WORK; any PURCHASER must also be registered in order to be able to DOWNLOAD and utilize a WORK.

Registration

The AUTHOR must open an account on the WEBSITE in order to UPLOAD WORKS.

The AUTHOR will follow the instructions of the WEBSITE, particularly those detailing the registration process, leading to the validation and creation of the AUTHOR’S account.

The AUTHOR will be required to provide information regarding his/her title, first and last name, birth date, full postal address, and email including all descriptive information regarding the WORK, and is required to update such information as often as necessary for information to continue to be accurate and complete.

The AUTHOR is committed to provide true and sincere information and will have the possibility to modify such personal information, login and password, after accessing to his/her PERSONAL PAGE.

The AUTHOR 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 unauthorised use of his/her account, it is up to the AUTHOR 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.

The opening of an AUTHOR account implies becoming acquainted with this contract and accepting it without reserve. The creation of an account is worth assent and acceptance of the terms of this contract. The AUTHOR, after creation of the account, will have the option via a hyperlink to obtain a print version of the contract.

Consent to Electronic Communications; Personal Data

We may send the USER notices by email to the address that has been provided to us on his/her PERSONAL PAGE. The USER consents to receive communications from us electronically and accepts that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

6. UPLOADING of WORKS on the WEBSITE

The PROVIDER supplies the AUTHOR, in his PERSONAL PAGE, with an uploading protocol by which the uploading procedure, to be followed by the AUTHOR of his/her WORKS, is defined.

From his PERSONAL PAGE on the WEBSITE, the AUTHOR UPLOADS WORKS which he/she wishes to market on the WEBSITE.

The AUTHOR must respect the formats in accordance with the uploading protocol.

The PROVIDER may, at his/her discretion, reject a WORK for technical, artistic, or ethical reasons.

The PROVIDER does not have the ability to control all transfers of WORKS, nor all other exchange of information carried out on the WEBSITE, and has no responsibility as to these exchanges. The PROVIDER has the right to remove, delete, block or edit any file or part of a file which can be regarded by the PROVIDER as a violation of this contract, or of a property or intellectual right, including similar rights of third parties, or unacceptable in any other way. To optimize storage, the PROVIDER has the right to remove WORKS uploaded on the WEBSITE by AUTHORS, if these WORKS have not been sold for more than 12 MONTHS. In any case, the AUTHORS are informed by email.

Credit Attribution

We will use reasonable efforts to identify YOU (or if different, the Person identified by YOU) as the copyright owner of the WORK, and will advise, but not necessarily obligate PURCHASERS to credit you or such copyright owner as the author where crediting is customary, including editorial uses, or where other such credits are provided. The current form of the License Agreement as of the date of this version of this Agreement requires the PURCHASER to use reasonable commercial efforts in certain circumstances to ensure that their works include or are accompanied by a credit line that reads « Stock media provided by (AUTHOR’S Name or copyright owner)/luckycaravan.pictures ».

7. Sales promotion

The PROVIDER will freely determine and be solely responsible for the promotional actions which will seem appropriate, according to the specificities of the territories and the customers’ needs, as well as the budget to be devoted to such actions. The PROVIDER may allow the WORK to be downloaded without charge by USERS on occasional promotional actions.

Within the framework of the promotion of WORKS on the SITE, the PROVIDER is authorized to use WORKS on all supports (Internet, paper, etc.), and by any available process.

8. Ordering of a WORK

In order to download a WORK, the PURCHASER will follow the following steps :

  • The PURCHASER will login to his/her PERSONAL PAGE ;
  • The PURCHASER will then be required to confirm his/her acceptance of the Terms and Conditions of Sale in order to acquire the WORK ;
  • The PURCHASER will have the possibility to modify or cancel his/her order up until the final validation ;
  • The PURCHASER will validate the Order and follow the instructions supplied by the web server handling the online payment ;
  • The PURCHASER will be redirected towards his PERSONAL PAGE and will receive a confirmation of the order featuring the reference of the order, and the price paid. During the transaction an invoice will be generated for the BUYER and the AUTHOR representing the PROVIDER’s share as well as a receipt representing the AUTHOR’s share.
  • A link will be provided to the PURCHASER by email allowing him/her to DOWNLOAD the ordered WORKS.

9. Support for a LICENSE

Except in the case of defective files that are the result of his responsibility and which he agrees to replace, the PROVIDER does not ensure any after-sales assistance, but will transmit to the AUTHOR the needs for assistance of the PURCHASERS having bought a defective product.

10. Invoicing of LICENSES and remuneration of the AUTHOR

LICENSE Prices

The AUTHOR will have the option of setting prices for a WORK, or may request that the PROVIDER price on his/her behalf.

The PROVIDER may modify the prices at his discretion if after a probationary period they are deemed inappropriate . The PROVIDER will inform the AUTHOR of any modification of the prices within 30 days of the effective modification.

Invoicing of LICENSES

The AUTHOR mandates the PROVIDER to carry out the sale of his/her WORKS.

In accordance with article 293B of the French tax code, and given the status of the PROVIDER, VAT is non applicable on products sold by Luckycacaravan Pictures.

During the transaction an invoice representing the PROVIDER’s share will be established for the BUYER as well as a receipt representing the AUTHOR’s share.

The AUTHOR must ensure the accuracy of the information on the invoice; he/she can make all necessary changes on his/her PERSONAL PAGE.

Payment of the AUTHOR

The payment of the price of the LICENSE to the AUTHOR becomes binding through the services of a third party, PayPal, to secure payment. Thus, the use of the WEBSITE by the AUTHOR will require that he/she opens a PayPal account and accept the terms and conditions associated.  The payment of AUTHOR’S fees will be net of fees, charges and/or costs payable to or deducted by financial institutions for the processing of any credit card, and/or currency conversion for payments received in foreign currency by the PROVIDER. His/her percentage of the sale is received directly by the AUTHOR on his PayPal account after the order and payment of the LICENSE. The PROVIDER does not cash the payments of the PURCHASER and therefore can not be required to repay the sums to the AUTHOR.  THE AUTHOR IS REMINDED THAT HE/SHE IS REQUIRED TO CHOOSE THE STATUS WHICH SEEMS THE MOST APPROPRIATE AND WHICH WILL ENABLE HIM/HER TO BE PAID UNDER THE PRESENT AGREEMENT. IT IS ALSO RECALLED HERE THAT THE AUTHOR MUST FULFILL HIS/HER OBLIGATIONS REGARDING THE PAYMENT OF ANY RELEVANT TAXES. IN THIS RESPECT, THE AUTHOR MUST DECLARE TO THE TAX AUTHORITIES, ALL INCOME GAINED THROUGH HIS/HER ACTIVITIES VIA THE LUCKYCARAVAN WEBSITE. THE PROVIDER WILL COOPERATE SPONTANEOUSLY AND WITHOUT NECESSARILY INFORMING THE AUTHOR IF SOLICITED BY THE TAX ADMINISTRATION OR JUDICIAL AUTHORITY.

11. Remuneration of the PROVIDER

The PROVIDER obtains a remuneration from his activity as an intermediary between the PURCHASER and the AUTHOR.

Rate of commission and operative event

In return for the role as an intermediary and other services carried out by the PROVIDER, the AUTHOR agrees to concede a commission of 50% on the price (net of taxes when applicable, and financial costs) of the LICENCES for the WORKS sold through the WEBSITE, on his/her behalf.

This commission will be received by the PROVIDER on the day of the execution of the order by the PURCHASER, i.e. with the cashing of the sums paid by the PURCHASER.

Payment and invoicing of the Commission

The Author accepts that the commissions due to the PROVIDER be transferred directly through Paypal.

The PROVIDER will retroactively address to the AUTHOR an invoice of the paid commission based on the total amount net of financial costs (Paypal, exchange commission, etc.).

In accordance with article 293B of the French tax code, VAT is non applicable.

12. Warranties of the Author

The AUTHOR guarantees the PROVIDER the peaceful enjoyment of the rights granted to both the PROVIDER and the PURCHASER against all unspecified disorders, claims and oustings.

The AUTHOR declares and guarantees what follows :

  • The AUTHOR has all powers and authorisations necessary to accept this contract and that he/she is the exclusive owner of his/her WORKS, authorized to concede the LICENCES specified in the provisions of this contract, and will not transfer any WORK, nor will he/she concede the rights of them, which would be in conflict with the provisions of this contract;
  • no part of WORKS UPLOADED on the WEBSITE or by any other means transferred to the PROVIDER contains a mechanism or a protection measure which interferes with its use, its modification and its copy by the means authorized by this contract;
  • provided WORKS do not contain any harmful data-processing code, virus, worm, Trojan horse, or any other invading software, destructive or malevolent; they do not belong to DDoS systems; they do not contain any other mechanisms or devices intended for, or being able to be used for, the obliteration, the modification, the dysfunctioning, or to damage WORKS or the WEBSITE;
  • the WORKS contain all the necessary information, sufficient for their effective sale on the WEBSITE, informations are complete, exact and precise, and do not contain false, incorrect or contradictory metadata;
  • the WORKS UPLOADED on the WEBSITE are original works;
  • the WORKS, as well as information which accompanies them, do not violate any copyright, property rights or other rights of third parties.

The AUTHOR declares and guarantees moreover 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 concede a LICENCE for a WORK which is the property of one or other authors (except when WORKS are the property of a group of authors to which the AUTHOR belongs, and for whom the AUTHOR has exclusive rights;
  • Does not concede a LICENCE for a WORK if he/she does not have all the requested documents for the publication and the 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 YOU have obtained a model release from the person or persons depicted or a property release from the owner of the Third Party, YOU have in fact obtained, have and will retain in your possession such release or releases. On request by us or the PURCHASER, YOU will provide to us or the USER such release or releases ;
  • If a person whose name, voice, person or image depicted is under the age of 18 the release signed by a parent or legal guardian will be provided ;
  • Where the WORK is identified as « for editorial use only», the WORK has not been modified or processed in any manner that might distort its contextual integrity ;
  • If the individual who is entering into this Agreement or UPLOADING the WORK to us is doing so on behalf of his/her employer or other Person, such individual represents and warrants that he/she has the full right and authority to execute, deliver and perform this Agreement on behalf of such employer or other Person, and this Agreement is a binding Agreement of such employer or other Person, enforceable against such employer or other Person in accordance with its terms.

13. Claim of a third party

In the event of a written claim by a third party (i.e. the infringement of a copyright, trademark, patent, trade secret, or other proprietary right), the PROVIDER will eventually suspend the diffusion of the litigious WORK on the WEBSITE without this suspension entitling to any obligation nor compensation. In the absence of an agreement between the AUTHOR and the third party notified to the PROVIDER or legal decision settling the litigation, the PROVIDER will have the possibility to prolong the suspension and the diffusion of the WORK.

14. 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.

No remuneration will be due to the AUTHOR on the sums possibly received by the PROVIDER resulting from any advertising spaces contained on any given supports (in particular websites) on which the WORKS can be utilized.

No remuneration will be due to the AUTHOR under unspecified partnerships or any other income source (access to the supports by subscriptions, etc.) of the PROVIDER related to these supports of exploitation of the WORKS.

The AUTHORS exercise no authority as to editorial contents of the SITE.

15. Responsibility

The AUTHOR recognizes and assumes full responsibility and risks of all nature related to the diffusion and the marketing of WORKS on the WEBSITE.

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

The AUTHOR agrees that the PROVIDER and his partners are not liable for any loss or damage to content or material UPLOADED on the WEBSITE. The AUTHOR is required to maintain his/her own backup files for any WORK submitted to the PROVIDER.

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

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, the interpretation of information of this WEBSITE.

The AUTHOR guarantees and eventually indemnifies the PROVIDER, his PARTNERS, his employees or any other party implied in the creation and the exploitation of this WEBSITE against any action or claim of a third party because of the use of the WEBSITE by the PURCHASER or of all damageable consequences directly or indirectly related to the manner in which he/she uses the WEBSITE.

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 AUTHOR is limited to the sum of 800 euros.

Update, 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.

16. Warning

BY ACCEPTING THIS CONTRACT, THE AUTHOR RECOGNIZES THAT HE/SHE HAS READ IT ENTIRELY, UNDERSTANDS IT, AND HAS HAD THE POSSIBILITY OF OBTAINING AN INDEPENDENT LEGAL OPINION BEFORE ITS ACCEPTANCE.

THE AUTHOR AGREES MOREOVER THAT THE PRESENT CONDITIONS ARE THE COMPLETE AND EXCLUSIVE DECLARATION OF THE AGREEMENT BETWEEN THE AUTHOR AND THE PROVIDER, WHICH REPLACES ANY PROPOSAL OR PRIOR CONSENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN THE AUTHOR AND THE PROVIDER RELATED TO THE OBJECT OF THIS AGREEMENT.

17. Duration of the contract

This contract is concluded upon acceptance of its terms and conditions and for an unlimited duration.

18. Withdrawal

The AUTHOR accepts these conditions on a purely professional basis. He/she thus does not profit from a right of withdrawal. In all assumptions, insofar as the contract relates to the provision of services carried out immediately, the AUTHOR expressly gives up asserting any right of withdrawal and confirms his/her will to profit fully from the effects of the contract as of the acceptance of its terms and conditions.

19. Cancellation

The fact that the PROVIDER does not prevail himself of a failure of the AUTHOR to any of the legal obligations stipulated herein, could not be interpreted in the future as a renunciation to the obligations in question.

One or the other of the parties can terminate, without justification, the contract at any time within a 30 (thirty) days notice before the desired date of cancellation.

However, in the event of failure by one of the parties to any of its contractual obligations, and in the absence of a friendly agreement, this contract could be cancelled automatically and without legal formality by the injured party, after an unsuccessful 30 (thirty) day formal notice procedure by registered letter, by the simple mailing of a registered letter notifying the aforementioned cancellation.

20. Consequences of the end of the contract

Whatever the cause of the end of the contract, it is agreed between the parts that:

  • All the WORKS UPLOADED by the AUTHOR on the WEBSITE will be removed from the SITE and search engine of the WEBSITE within 30 (thirty) days following the date of cancellation;
  • Notwithstanding the confirmed cancellation, the PROVIDER will have the possibility to continue to display WORKS and thus to provide a LICENCE on WORKS until the date of cancellation;
  • Upon expiry of this contract and after its cancellation, the PROVIDER will continue, in accordance with the terms and conditions of this contract, to pay the sums due to the AUTHOR for the conceded LICENCES until the effective date of cancellation.
  • Removal of any content from the WEBSITE and/or the termination or expiration of this Agreement or any rights granted to us hereunder will not terminate, alter or otherwise affect any rights granted by us prior to the effective date of such removal, termination or expiration, including rights granted to PURCHASERS or any sub-license thereof, and each of such rights and sub-licenses will continue in full force and effect in perpetuity.

21. Intellectual property of the SITE

Except for the WORKS themselves, the entirety of the intellectual property rights on the WEBSITE comprised of texts, databases, software, applications, slide shows, logos, images, drawings, graphs, animated sequences, sounds, videos are the property full and whole of the PROVIDER. Consequently, the AUTHOR does not acquire any right on the WEBSITE and cannot make any use of it other than that authorised by this contract.

The entirety of the WEBSITE is protected by the French and international legislations particularly regarding the intellectual property, the right on the designs and models, the trademark law, and the right of the databases.

The names and brands mentioned on the WEBSITE are registered trademarks by the Editor or his rightful owners. Any reproduction, imitation and more largely any use in any way of these brands is prohibited.

22. Privacy

The AUTHOR commits himself to regard as confidential all information which will have been communicated to him as such by the PROVIDER within the framework of the execution of this contract, and in particular all information concerning the PROVIDER, the products and services detailed in this contract, the secrecies of business and the methods of sale recommended by the PROVIDER, and consequently, constrains himself, throughout the duration of this contract and without any limitation in time after its expiry, provided that the information referred to above did not fall into the public domain, to reveal them in any way, in any form and to whichever person it would be.

23. Reciprocal declaration of independence

The PROVIDER acts as an independent entity and consequently assumes only the risks and dangers of his activity.

The parties declare expressly that they are and will remain, throughout the duration of this contract, independent business partners and professionals.

It is expressly agreed between the Parts that the AUTHOR does not acquire any unspecified right to use, in any way, the WEBSITE, its recongnisable characteristics, particularly its brands, its company name, its trade name or its logo.

24. Various 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 the 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 AUTHOR 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.

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Last update : 25 April 2017

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