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 <p>
    www.kcspresse.com is developed by KCS PRESSE, liability limited to the capital of 10.880 EUROS, registered at the Registre du Commerce des sociétés of
    Paris under number 421 679 523, whose registered office is 148, rue de Grenelle, 75007 Paris (KCS PRESSE).
</p>
<p>
    <b>Read these Terms of Use ("TOU") carefully before using the site www.kcspresse.com (the "Site"). The TOU govern the Terms of Use of the Site.</b>
</p>
<p>
    Download images means that you accept these terms. If you do not respect the terms of the TOU, KCS PRESSE may deny you permanently the access to the Site
    and services is related.
</p>
<p>
    KCS PRESSE sets up a website accessible at the following address www.kcspresse.com, the professionals of the business of publishing, media, advertising,
    audiovisual or Multimedia, selected by KCS PRESSE in respect of their past business dealings and receiving such e-mail an identifier and a password
    allowing them to (i) view directly on the Site photographs which rights of use are marketed by KCS PRESSE; (ii) to download directly from the Site some or
    all of the submitted photographs available; (iii) to use all or part of the photographs uploaded in High Definition in the context of their commercial
    activity subject to the fees in accordance with the procedure described below; and (iv) closer to the commercial service of KCS PRESSE to negotiate the
    tariff of the photographs uploaded in low Definition that the user wants to use as part of its business, in order to obtain the communication in High
    Definition in the conditions set forth below.
</p>
<p>
    <b>1. DEFINITIONS</b>
</p>
<p>
    "<b>User</b>" means any natural or legal person customer site through its access codes and accepting of the fact of its connection the TOU without
    restriction or reserve.
</p>
<p>
    "<b>Access codes</b>" means the ID and password sent by e-mail by KCS PRESSE to the user to connect to the Site;
</p>
<p>
    "<b>Photograph (s)"</b> means the photographs presented on the Site whose usage rights are marketed by KCS PRESSE. Each photograph has a caption stating
    its subject, its context, the date on which the photograph was taken, as well as the location of the scene.
</p>
<p>
    '<b>Server</b>' refers to all of the computers and associated software owned by KCS PRESSE or that KCS PRESSE is allowed to use for its needs or the needs
    of others.
</p>
<p>
    <b>2 SECURE ACCESS</b>
</p>
<p>
    <b>Access control</b>
    : access to the Site is permitted on the condition that the user connects with the Access Codes, KCS PRESSE reserves the right to modify running hereof,
    including for technical reasons, in accordance with 5 days notice.
</p>
<p>
    The Access Codes provided by KCS PRESSE the user have a personal and SECRET.
</p>
<p>
    KCS PRESSE grants the user the right to connect, without limit of duration of communication to the server in order to access the Site which will be
    available 24/24 and 7 days a week, except in cases of force majeure and subject to possible breakdowns and maintenance periods.
</p>
<p>
    THE RIGHT GRANTED TO THE CUSTOMER UNDER THE TERMS OF THE PRESENT IS STAFF, NON-ASSIGNABLE AND NON-TRANSFERABLE.
</p>
<p>
    <b>Connection to the server with the Access Codes to the user shall be deemed to have been made by the user under his sole responsibility.</b>
</p>
<p>
    For loss, borrowing or theft of all or part of the Access Codes, the user agrees to notify KCS PRESSE as soon as possible by any means, in order to make
    the cancellation immediately and to confirm in writing. In the event of unauthorized use or diverted from its access codes, the user will engage its
    liability for KCS PRESSE that can put an end immediately to his access to the Site, without prejudice to any subsequent action.
</p>
<p>
    <b>3 PHOTOGRAPHS DOWNLOADABLE IN HIGH DEFINITION</b>
</p>
<p>
    All photographs other than those referred to in Article 4 below can be downloaded in High Definition from the Site directly by the user on its server.
</p>
<p>
    Therefore, the user may decide to use business includes all or part of the photographs stored subject to comply with the present and inform KCS PRESSE by
    sending every beginning of month a summary of releases for the month ending indicating (i) the reference of each photograph used; (ii) the use (s) (s)
    concerned specifying the format to use; (iii) the publication (s) (s) concerned. This transmission will be done either by postal mail:
</p>
<p>
    KCS PRESSE
</p>
<p>
    Accounting Department
</p>
<p>
    148, rue de Grenelle
</p>
<p>
    75007 Paris
</p>
<p>
    or by mail: compta[at]kcspresse.net
</p>
<p>
    Summary of publications will result, after validation, billing on the part of KCS PRESSE. In the event of non communication summary thereof by the user and
    after stimulus has had no effect, KCS PRESSE will charge to the views of its own documentation.
</p>
<p>
    The terms of payment will be the same as those applicable between the parties in their previous business relationship. Any sum due, not paid at maturity
    will result without requiring notice, interest at 1.5 times the legal rate in force, subject to additional billing until complete payment.
</p>
<p>
    Any tariff practiced by KCS PRESSE means without taxe and corresponds to the rate for the user at the time of receipt of the summary of publications by
    billing KCS PRESSE service.
</p>
<p>
    <b>4 PHOTOGRAPHS DOWNLOADABLE IN LOW DEFINITION</b>
</p>
<p>
    Downloadable photographs on the Site in bass Definition are not predetermined rates and must be investigated for each of between them, negotiated prior to
    their use, with commercial KCS PRESSE service, can be reached by e-mail: photo[at]kcspresse.net
</p>
<p>
    Once the tariff is determined by the parties with respect to the operations envisaged by the user conditions, KCS PRESSE will send each photograph
    concerned format .jpeg in High Definition, either (i) or by email at the address of the user's registered professional e-mail; (ii) either on the ftp
    server of the user, subject to the latter to be accessible and to allow access to KCS PRESSE.
</p>
<p>
    <b>5 DOWNLOAD</b>
</p>
<p>
    Any availability of photographs is done exclusively in the form of electronic digital file operated by Internet download.
</p>
<p>
    KCS PRESSE is not responsible for the quality of the download, dependent including Internet and equipment used by the recipient, or as a result of the
    quality of files resulting from this download, what the user expressly acknowledges. In the event of a finding of a failure of / from file (s) obtained
    (s), the user will inform KCS PRESSE which will provide new files, no extra cost. The user undertakes to unload KCS PRESSE of any responsibility on the
    quality of / file (s) failed (s) and its consequences, whatever they may be, given what is exposed above.
</p>
<p>
    Conservation by the user of the photographs on its server is authorized exclusively for purposes of any subsequent commercial uses, subject to the same
    conditions as those described herein.
</p>
<p>
    <b>6. TRANSFER OF RIGHTS</b>
</p>
<p>
    <b>6.1 right of use</b>
    : each photograph must be used in accordance with (i) the declared information in the summary of publications in accordance with Article 3; or (ii) the
    conditions negotiated with the commercial Division of KCS PRESSE in accordance with Article 4. No photograph may be modified in any way whatsoever, without
    prior agreement of KCS PRESSE. In any case, <b>this right to use is personal and non-transferable.</b>
</p>
<p>
    Any use other than that declared or negotiated, any reuse, any extension on the same media or in the same context used shall be (i) a new statement in the
    summary of releases for the photographs referred to in Article 3; and (ii) a new agreement with the commercial services of KCS PRESSE for photographs that
    gave rise to negotiations in accordance with Article 4; <b>otherwise this use will be considered as illegal and constitutes infringement</b>, KCS PRESSE
    reserving any means of action under the Act.
</p>
<p>
    The transfers, licenses and authorizations of use granted do not include the rights and remuneration attached to the rights referred to in Articles L.218-1 and following of the Intellectual Property Code. The remuneration due to the Agency in respect of these rights must be the subject of a specific written agreement.
</p>
<p>
    <b>6.2 non exclusive</b>
    : any transfer of right of use of a photograph is granted on a non-exclusive basis and leaves KCS PRESSE free to assign different or identical rights
    attached to this same photograph to any other customer, for any equivalent or concurrent support, for the same period or for a different period, unless
    otherwise noted or photograph blocked on the Site for any prior assignment exclusive rights of use to a customer of KCS PRESSE This exclusivity may enter
    the field of negotiation referred to in Article 4 above.
</p>
<p>
    <b>6.3 prohibition</b>
    : the user transferee is prohibited from making any loan, assignment, concession rental, pay or free of charge to third parties of any photograph which (s)
    right (s) to use as (have) acquired from KCS PRESSE.
</p>
<p>
    <b>7. WARRANTIES AND LIABILITY</b>
</p>
<p>
    <b>7.1 warranty of use</b>
    : the user accepts and understands that the services are provided by the State. KCS PRESSE assumes no responsibility for the duration, erasing, bad
    download or the failure to register for the connection of a user or the download of a photograph.
</p>
<p>
    The use of the Site shall be at the sole risk of the user who will be solely responsible for any damage to your computer or loss of data that result from
    its connection to the service or the download of photography.
</p>
<p>
    <b>7.2 right to the image</b>
    - third party rights: as a prior, it is specified that all of the uses of the photographs is subject to compliance with the Code of intellectual property.
</p>
<p>
    The assignment by KCS PRESSE and the subsequent acquisition by the customer of rights of reproduction and representation of photographs as used herein do
    not constitute, by themselves, the assignment by KCS PRESSE and the subsequent acquisition by the Client's rights and/or (s) obtain the authorization (s)
    by third parties possibly need (s) to exploit the photographs in the commercial context in which the Client intends to exploit context that it is the only
    one to know and master.
</p>
<p>
    It belongs to him, as a professional in the business of publishing, media, advertising, audiovisual or Multimedia, and client of KCS PRESSE, to check the
    laws applicable to the proposed operation of photographs, that these laws are French or foreign, and to conform, by obtaining, if necessary, all right
    and/or authority supplementary (s) corresponding (s) subject (s) or non-requirement (s), including the people photographed and/or premises owners, objects,
    works, creations, properties or identifiable markings, failing which KCS PRESSE disclaims any responsibility for the operation of one any photographs by
    the user and this in any capacity whatsoever.
</p>
<p>
    The Client understands that KCS PRESSE, having regard to number of photographs managed and made available daily whether on-site or off-site, cannot give
    any guarantee on the need of obtaining from third parties or not right (s) or authorization (s) supplementary (s) according to the operating environment
    envisaged by the customer, it is the only one to know that the latter accepts.
</p>
<p>
    <b>
        The Client is reminded that the reproduction of photographs in any medium with a public release may be a risk of claim, claim or claim which may
        originate from third parties concerned and that therefore decision to exploit any photograph as part of his business regardless of the medium, not the
        provides no closer third said and take all necessary measures to ensure the best (s) right (s) having regard to the intended use.
    </b>
</p>
<p>
    7.3 <b>limitations</b>: the Site is operated by KCS PRESSE, which will make its best effort to make available 24 hours on 24 and 7 days on 7, but KCS
    PRESSE can only incur liability in case of impossibility to connect.
</p>
<p>
    The user acknowledges that:
</p>
<p>
    • data on Internet transmissions have a relative technical reliability, these circulating on heterogeneous networks to various technical capabilities, and
    features that are sometimes saturated at certain times of the day;
</p>
<p>
    • It is to take all appropriate measures to protect its own data from contamination by viruses and intrusion attempts on its computer system by third
    parties;
</p>
<p>
    • equipment connected to the server is under its sole responsibility and that consequently KCS PRESSE is not responsible for any damages that may occur to
    these facilities because of their connection to the Site.
</p>
<p>
    KCS PRESSE makes its best efforts to provide users of the photographs available but cannot be held responsible for errors, lack of availability of all or
    part of the photographs and/or the presence of viruses on the Site. Accordingly, any use of photographs presented on the Site is done at the user's risk,
    although the responsibility of KCS PRESSE and/or its partners may be sought in any way.
</p>
<p>
    KCS PRESSE will not be liable for any damages of any kind that it is including, without this list being exhaustive, loss of profits resulting from:
</p>
<p>
    • from the use or inability to use all or part of the Site and/or any or part of the photographs.
</p>
<p>
    • the loss due to unauthorized access or alteration of a user or data transmissions.
</p>
<p>
    As a result of the foregoing, the user waives liability KCS PRESSE and releases KCS PRESSE from any liability in connection with one or more of the facts
    or events mentioned above.
</p>
<p>
    The user is solely responsible for damage and injury, direct or indirect, material or immaterial, caused by himself or persons under its responsibility, to
    KCS PRESSE due to its use of the Site and/or the services y related and undertakes to indemnify KCS PRESSE against any request, complaint or conviction of
    damages, KCS PRESSE could be threatened or the object , or which could be pronounced against the latter, including the reasonable costs of lawyers that KCS
    PRESSE could be taken to exhibiting, as these would cause, basis or source the use by the user of the Site and/or photograph (s).
</p>
<p>
    KCS PRESSE will not incur any liability for loss of profits, loss of data or costs of acquisition of replacement products, or for any damages, incidental,
    indirect or consequential damages resulting in any way from the use of the Site and/or photograph (s).
</p>
<p>
    <b>8 TERMINATION OF THE SERVICE</b>
</p>
<p>
    KCS PRESSE reserves the right to terminate access to the Site without compensation in the event of violation by the user of any of the provisions of the
    terms including:
</p>
<p>
    • If KCS PRESSE noted acts of piracy or attempt to illicit use of photographs, whatever they may be, with the cause or origin connection with the user,
    including if KCS PRESSE notes on a same login of concurrent connections;
</p>
<p>
    • in the event of default or payment incident.
</p>
<p>
    <b>9. RIGHT TO PROPERTY</b>
</p>
<p>
    The user acknowledges and agrees that the content of the Site, including, this list is not exhaustive texts, software, sounds, photographs, videos,
    drawings or other materials are protected by french intellectual property, the law of trademarks, the patent law or other rights recognized by the
    legislation in force. The user is not permitted to copy, use, reproduce, distribute all or part of the content or create derivative works from all or part
    of the content without the express consent of KCS PRESSE, its suppliers or advertisers.
</p>
<p>
    <b>10. MISCELLANEOUS</b>
</p>
<p>
    <b>10.1 information</b>
    : the user undertakes to inform KCS PRESSE of any change concerning its situation (change of address, change in position). KCS PRESSE cannot be held liable
    for the consequences that may suffer the user and/or third parties in the event where the user failed to prevent KCS PRESSE any changes, especially in the
    case of unpaid.
</p>
<p>
    <b>10.2 termination of access to the Site</b>
    : KCS PRESSE reserves the right to interrupt access to the Site for maintenance or improvement work exceptionally.
</p>
<p>
    <b>10.3 amendment of terms:</b>
    the user expressly accepts that KCS PRESSE may be taken to amend the terms of the TOU in cases (i) to the minor useful for the operation of the Site;
    and/or (ii) facilities dictated by the evolution of national or European regulations; and/or (ii) change of trade policy of KCS PRESSE.
</p>
<p>
    The user expressly agrees such changes subject to the provisions of the following paragraph.
</p>
<p>
    Where changes made by KCS PRESSE under the terms of the TOU would create new obligations for the benefit of the user or modify obligations to the user, KCS
    PRESSE undertakes to inform the user of the changes proposed with reasonable notice allowing, if it wishes to terminate the TOU.
</p>
<p>
    In the event of contradiction between the provisions of the TOU and any changes that their would be made including to comply with laws and national
    regulations in force, as well as in the event of conflict with any special conditions, changes to the TOU and/or the specific conditions shall prevail.
</p>
<p>
    <b>10.4 notification:</b>
    any notification under the terms of the present will be made by registered letter with request for acknowledgement of receipt destined for the parties at
    the addresses indicated at the top of the TOU. Notifications shall be deemed to be received on the date of first submission of mail.
</p>
<p>
    <b>10.5 force majeure:</b>
    the parties will not be held liable for, or considered have failed to the TOS for any delay or failure to execute, when the cause of the delay or breach is
    not the defaulting party, provided that the other party is informed promptly of the delay or breach, as well as the cause and the proposed delay.
</p>
<p>
    <b>10.6 assignment/transfer of terms:</b>
    KCS PRESSE will be able to transfer all or part of the rights and obligations arising for it from the TOU to any subsidiary to be established, as well as
    suite including merger, Division, partial transfer of assets or total or partial assignment of its goodwill.
</p>
<p>
    <b>10.7 dissociation:</b>
    in the case where any provision of the TOU, or the application of such a provision to the user or KCS PRESSE, was considered to be contrary to a law by a
    Court of competent jurisdiction, the other provisions of the TOS will remain in force and will be interpreted so as to give effect to the parties, as
    expressed at the origin. It is agreed that if a section of the TOU is deemed void, all other sections will retain their full and complete effect.
</p>
<p>
    <b>11 APPLICABLE LAW</b>
</p>
<p>
    The terms are subject to <b>french law</b>. In the event where these terms would be translated into a foreign language, only the TOU in the French language
    shall prevail.
</p>
<p>
    <b>12 JURISDICTION COMPETENT</b>
</p>
<p>
ANY DISPUTE OR ANY DISPUTE TO WHICH THE TOU COULD GIVE RISE, FOR THEIR VALIDITY FOR THEIR INTERPRETATION, WILL BE THE EXCLUSIVE JURISDICTION OF    <b>THE COURTS OF THE JURISDICTION OF THE COURT OF APPEAL OF PARIS.</b>
</p>        
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