1. PREAMBLE AND DEFINITIONS
All sales and transactions from
If a subscription has been made from
One is reminded that the use of the services offered by the Musée de l’Impression website necessarily implies the full and whole acceptance of the legal notice related to the use of the website.
Likewise, any order placed by the customer implies that the present general terms of sale have been read and accepted.
The Musée de l’Impression reserves the right to modify the present general terms for all future operations, subject to informing its customers beforehand.
The photographs present on the website correspond to the representation of part of the collection of the Musée de l’Impression sur Etoffe in Mulhouse, models for which users of this website can acquire reproduction and representation rights.
Within the terms of this contract, the concept of photography is defined as “any document reproducing an image or a textile model on analogue or digital media or any other media arising from technological advances”.
One is reminded that the photographic works present on the website are protected by Intellectual Property Rights and cannot be used, reproduced, represented or adapted or copied, in whole or in part, under any form, using any existing or future process, and in any location, other than in accordance with the present terms and subject to the respect of legal and lawful provisions applicable on the matter.
2. DETAILS ON THE PROVISIONS OF SERVICES AVAILABLE ON THE WEBSITE
The photographic documents which are the subject of the services of the website are never alienated.
The aim of this website is to provide these users, in return for a financial consideration, with a provision of services allowing to consult the collections of the museum placed online, to acquire the license of exploitation rights on some of these photographic documents and to benefit from the reservation of these rights over a given period of time.
Only the right of reproduction or representation can thus be acquired on these documents.
Access to the provisions of services of the website is provided in return for a subscription over a period of one year, at the expiry of which a period of one month will be granted for free to the users in order to make a decision regarding the possible renewal of this subscription.
This subscription will allow to benefit from the functionalities of the website, in the inspiration or reservation parts.
> INSPIRATION part
This part of the website allows the user to consult the collections of the Musée de l’Impression through the purchase of a series of photographs in .jpeg format classified by themes. These themes can be modified freely and without notice by the Museum.
The purchase of a specific theme will allow its unlimited consultation within the duration of the subscription, as well as its downloading.
> RESERVATION part
The aim of this reservation is for the user to choose the photographic document that he/she wishes to reproduce and for which the license of reproduction and representation rights will be granted.
It will also be possible for the user to keep the exclusivity of this document for a period of one, two or three years ; period during which the Musée de l’Impression sur Etoffes guarantees not to grant the rights on this particular document to another party.
The selected document will then be available for download in superior quality .jpeg format, with a size of approximately 2 to 5 Mb per document, shipping of the document on CD-Rom in 300 dpi .tif format will be possible upon request of the user.
> PERSONALISED SEARCH part
Access to this part of the website does not form part of the subscription and requires the payment of particular rights.
Based on specific and personal search criteria indicated by the user, the services of the Musée de l’Impression will be able to carry out a particular search within every collection of the Museum and to place the results of this search online, subject to availability of the rights attached to the corresponding documents.
The rights related to this service will be paid for prior to the search, with the guarantee from the Museum regarding the principle of the number of documents which will be provided.
3. TARIFFS AND PAYMENT OF THE SERVICES
The amounts for the rights of use present on the tariffs of the Musée de l’Impression indicate the base prices of the technical costs corresponding to the provisions of services, the taxes being those in force at the time of invoicing.
The service of secured banking provided by the CIAL is used for the payment of the subscription services; this formality will be completed directly on the website of the bank and can in no way involve the responsibility of the Musée de l’Impression.
The services made available to the users thus imply their specific and prior acceptance of the present general terms of sale followed by the completion of their payments on the website of the bank.
4. COMMITMENTS OF THE MUSEUM
The exclusivity of the reproduction and representation rights granted by the Museum on a given photographic document will not be called into question by the latter, however in general terms it will not be guaranteed to the user.
The Musée de l’Impression does not assign any right nor does it provide any guarantee regarding the use of the photographic documents other than the reproduction and representation rights granted.
It is the user’s responsibility to make sure, prior to any use, that all rights and authorisations required for the reproduction of the documents concerned have indeed been obtained.
Likewise, the adaptation of the documents in any form is carried out by the customer under his sole responsibility.
It is the customer’s sole responsibility to deal with potential lawsuits directed against him/her by assignees relative to the use of these photographic documents.
In addition, it is expressly forbidden to use the documents made available for purposes promoting pornography, racism, violence and any other field, litigious or prejudicial to the Musée de l’Impression.
In general terms, the Musée de l’Impression does not accept any responsibility for indirect damages, such as commercial loss, loss of customers, loss of order, unspecified commercial disorder, loss of benefit, image or trademark.
5. SCOPE OF THE GENERAL TERMS
The present general terms prevail on any contrary clause or use which could potentially be indicated in the writings of the user.
6. LAW – ASSIGNMENT OF JURISDICTION
It is expressly indicated that the commercial operations described in the present terms are governed by the French law, even in the case of international use or use outside of France.
In case of litigation, express jurisdiction is attributed to the Tribunal de Grande Instance (High Court of Justice) in Mulhouse (68, France), notwithstanding plurality of defendants or introduction of third parties, even for emergency, conservatory, summary procedures or procedures with motion.