Article 1 - Acceptance of the "Terms & Conditions"
Access to the “EXCESS Media Library" for the EXCESS brand, and the use of photographs, videos, plans, press releases, logos or any other documentation (hereinafter the "Media"), available in the said EXCESS Media Library, implies full and unreserved acceptance of the "Terms and Conditions", without limitation or conditions. Failing this, the "User" will be unable to access the EXCESS Media Library. Before downloading or using any Media, the User undertakes to carefully read the Terms and Conditions and accept them by ticking the box provided for this purpose. EXCESS reserves the right to modify unilaterally, at its sole discretion and at any time, all or part of the Terms and Conditions. Any modification of the Terms and Conditions shall take effect immediately on publication on the EXCESS Media Library and is automatically binding on the User. The User shall therefore regularly review the said Terms and Conditions prior to downloading or use of any Media.
Article 2 - Access to the EXCESS Media Library
Use of the EXCESS Media Library is intended solely for three (3) categories of User:
- "Internal Departments" of EXCESS, including its employees and Communication Agencies;
- "Network" of EXCESS brand dealerships/distributors.
The use of the Media depends on the category to which the User belongs.
Any other User such as private owners of EXCESS brand boats, associations, business 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 authorized to access the EXCESS Media Library.
Before being able to access the EXCESS Media Library, the User must submit an access request to EXCESS by completing a registration form mentioning in particular his surname, first name, company, email address and intended use of the Media. If the access request is approved, EXCESS 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.
ln the event of loss of login credentials, the User can request that EXCESS readvises 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 for any detriment resulting from any fraudulent use. Any login and/or use of Media effected using his credentials will be deemed to have been performed by the User holding the said credentials and under his or her sole responsibility.
EXCESS reserves the right to refuse the access to the EXCESS Media Library, suspend, restrict and/or withdraw access, at its sole discretion and without notice.
Article 3 - Use of Media
The Press is authorized, on a non-exclusive and worldwide basis, to download the Media 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 Media are used for editorial content or on the cover.
Network and Internal Departments are authorized, on a non-exclusive and worldwide basis, to download the Media 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 EXCESS brand and its products.
Other Users are able to view the Media in low definition on the areas of the Website accessible without logging in, and must contact EXCESS in advance with any request to use them.
The use of the Media thus defined is permitted subject to compliance with the following cumulative conditions:
The Media shall, in no circumstances, be used for the purpose of illustration of releases or reports unrelated to the EXCESS brand's business or products, or that would impair its brand image or reputation;
The Media shall, in no circumstances, be used for commercial, advertising, immoral, defamatory or offensive purposes, to denigrate persons (natural or legal entities) 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 Media are used;
The Media shall, in no circumstances, be disclosed to third parties;
The Media shall, in no circumstances, be altered in any way whatsoever. By way of example, the following are thus
prohibited: any changes to the colors or cropping of the Media. Users are however permitted to reduce the size of a Media provided that the entire Media is reproduced and that its original proportions and quality of resolution are unaltered;
Any reproduction of a Media 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 ©EXCESS, according to the Media selected.
- A copy of the publication incorporating the Media (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:
EXCESS - SERVICE MARKETING
162 QUAI DE BRAZZA
33072 BORDEAUX (FRANCE)
Phone: 00 33 5 57 80 85 50
For any use not covered in the Terms and Conditions, the User shall without fail contact EXCESS in advance.
Article 4 - Intellectual Property
The EXCESS Media Library and its contents, in particular the Media, are protected by the intellectual property rights belonging to EXCESS.
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 Media.
Any use of the Media in breach of the Terms and Conditions constitutes an infringement punishable under French intellectual property law and exposes the User to civil and/or criminal proceedings. ln the event of doubt as to the scope of the authorization to use the Media granted by the Terms and Conditions, it is recommended that the User contact EXCESS.
No right of use is granted to the User in respect of any element of the EXCESS Media Library other than the Media. The reproduction or representation, in whole or in part, of any element of the EXCESS Media Library other than the Media, by any process or medium whatsoever, is prohibited and constitutes an infringement.
Article 5 - Exclusions of warranty - limitation of liability
Access to the EXCESS Media Library and use of the Media are undertaken under the User's sole responsibility.
EXCESS, 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 EXCESS Media Library and/or the Media not in accordance with the Terms and Conditions and/or legislation in force.
The User undertakes to indemnify and hold harmless EXCESS, its affiliated companies, their representatives or employees, in respect of any claim that may be instituted against them arising from use of the EXCESS Media Library and/or the Media not in accordance with the Terms and Conditions and/or legislation in force.
EXCESS does not in any circumstances guarantee that the server that it uses is free from viruses. EXCESS, 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 EXCESS does not in any circumstances guarantee access to or correct operation of the EXCESS Media Library. EXCESS, 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 EXCESS Media Library.
Article 6 - Protection of personal data
When the User fills out the registration form to be authorized to access the Photo Library, all the information composing his profile is stored in the administrator file. At any time, the User may access this profile and, if necessary, make changes to it by accessing the "My Account" section. It is in this section that the password can be changed if necessary. No personal data collected is accessible by the public, nor will it be given to third parties.
In compliance with the regulations applicable to the protection of private data, the User has a right to:
Access his or her data and request its rectification, erasure or portability.
Object to or restrict processing for legitimate reasons.
Send to EXCESS instructions on how to make use of his or her data (retention, erasure, transfer to a third party, etc.) in the event of the death of the User.
The User can exercise his rights by writing to the following address:
EXCESS - SERVICE MARKETING162 QUAI DE BRAZZA
33072 BORDEAUX (FRANCE)
Phone: 00 33 5 57 80 85 50
Applicable law. These Conditions of Use of the Photo Library are subject to French law.