General terms of use of the platform LA FOKALE by the photographers

Applicable as from 01.10.2018

Introduction

The JP SQUARE ONE owner company and the brand LA FOKALE has mainly for object:

 

  • The exhibition and the sale of photos through the http site //:www.lafokale.com and https: // www.lafokale.shop appointed the "Site" and through its Web Gallery, of which the Director of Publication is Jérémie Poiraudau (contact: contact@lafokale.com)

  • The exhibition(exposure) and the sale of photographs through exposed photographs in the partner's physical points of sale of LA FOKALE

  • The direct sale of works to professionals within the framework of their activities




The detailed general terms of use below appointed the " General Terms of Use " or "General Conditions", have for purpose to supervise the contractual relations between every Artists below appointed the "Photographer" and the JP SQUARE ONE company (and its LA FOKALE  website), with a capital of 7000 euros, whose head office is situated 25 rue Pierre Demours 75017 Paris and registered in the Register of companies of Paris (RCS) under the number  823 150 701 (SIRET).



These General Terms of Use are the only one applicable and replace any other conditions, except preliminary, express and written dispensation. LA FOKALE saves himself the possibility of adapting at any time these General Conditions. The Photographer will be informed by email of the update of the present General Conditions. These modifications are opposable from the date mentioned in the email of sending and above and do not apply to contracts concluded before.



Every  Work (Photographs) available on the Site is governed by the General Conditions applicable to the date of the sending of the Work (Photographs). Every rent or sale of Photography is governed by the General Conditions applicable to the date of the sale of the Photography.



By reaching the Site, the Photographer accepts without reserve the present General Conditions having read them and makes a commitment to respect the present General Conditions.



Definitions
t

  • Work(s): the digital medium of the image (photographs) taken by the photographer, before printing on physical medium

  • Photographer: every author of a photographic Work  protected by the code of the intellectual property, whatever is his administrative status, having accepted our General Conditions of use of the platform LAFOKALE

  • Photograph(s): the Work of the Photographer printed and framed

  • The User: appoint every person as a candidate who wishes to join as Photographer LA FOKALE Website

  • LA FOKALE: as above indicated

  • Web Gallery: appoint the gallery gathering all the Works, available on the Web site https: //www.lafokale.com/ and https://www.lafokale.shop


 

1. Registration(inscription) on the Site and the provision of the Works
To propose a Photograph on the Site, the User has to join on the Site by completing the dedicated form. The registration is free by following this link: https://www.lafokale.com/submit-your-work. The user has to inform the compulsory information (name, first name, email address, status). The user has to agree with the present General Conditions and to validate them by checking the box planned for that purpose. To end his registration, the user has to send at least 5 photos by using https://wetransfer.com/ at contact@lafokale.com by respecting the criteria defined in the present. 



The present General Terms of Use of the platform LA FOKALE must be read and accepted without any reserve by the user. The acceptance of these conditions is required before being able to send a Photograph. Besides, the User makes a commitment to inform the exact information about his person as well as about Photos.



Once registered, the Photographer has the possibility of proposing his Work that he wishes to be sold on the Web Gallery, subject to acceptance by LA FOKALE.



For that purpose, the Photographer submits to LA FOKALE, by email in contact@lafokale.com or by any other technical means, the Works which he wishes to propose on the Web Gallery. The photographer will have to complete the form entirely including a description of his photographer's activity.



These photos are submitted for approval to LA FOKALE to make sure of a harmonious and balanced selection on LA FOKALE Website, which answers customer expectations. The Photographer can submit, to the selection of LA FOKALE, unique Work and all or part of a series, in a maximum of 50 Photographs a month.



The photographer will have to send his photos in sufficient quality to allow a quality impression namely:

 

  • 300 DPI (dut per inch)/PPI (pixel per inch)

  • 8 megabit to 16 megabit

  • Format TIFF rather/JPEG or RAW




The Photographer will be informed at first by email or by the creation of his page Artist on the Site, or the publication of his works on the Site if his Work is held or not by LA FOKALE within 3 weeks. The selected Works will be displayed online on the Site within 3 weeks. The Photographer will be informed by email of the display of his Work on the Site. The not selected Works can, if the Photographer wishes it, to be again submitted to selection, after the expiration of a deadline of 3 months as from the notification of the refusal.


LA FOKALE makes a commitment to put online only files of low resolution making impossible any high quality impression by an unauthorized third and will implement all the adapted technical means, according to the evolution of the technologies, to limit the risks of forgery. The Photographer is however informed that no technical means is infallible.


The parties will collaborate to inquire and possibly pursue any illegal use of the Works of the Photographer. Each party will remain free to pursue every counterfeiter for the compensation of the due rights which.


LA FOKALE makes a commitment not to run the Works which would not be selected for any use and to delete them of its servers as soon as possible. 



2. Presentation of The offer


2.1. Simple offer of sale

2.1.1. Description

The Photographer can decide to submit Works for selection within the framework of a simple offer of sale.


The Works selected within the framework of this offer are printed and framed by LA FOKALE and partners, at LA FOKALE expenses. Photographs are proposed under sizes of standard production defined by LA FOKALE. The Photographer thus commits no expenses.


LA FOKALE reserves the right to modify slightly or to adapt the Work for the needs of the edition, under the condition that those modifications do not damage at all the respect for the integrity of the work. These modifications could concern the dimension, the luminosity, the contrast, the correction of possible defects, the pivoting and/or a light re-framing and will be submitted, before realization, to a preliminary agreement of the Photographer by email or by accepting these General Conditions. Any other operation or adaptation will be made with the preliminary consent of the Photographer, which has to act in good faith.


The production of the Works within the framework of the sale on the Web Gallery will be exclusively made according to the effective demand of the Works by the final clientele. Photographs proposed within the framework of this can be proposed by LA FOKALE in limited editions according to the will of the Photographer. These photographs can be signed and numbered and certified authentic by LA FOKALE.

 

 

 

 

2.1.2. Remuneration


Three types of sale can be chosen by the Photographer:


Limited edition: the number of edition of the Work will be limited, this number will be defined in agreement with the Artist (Photographer), the printed edition will be supplied with a certificate indicating the numbering of the edition, besides the certificate will be signed manually or electronically by the Photographer. Within the framework of a sale of a Work, the Photographer will perceive, for any sold Work, copyright fees (licensing) to 50 % of the sale price exclusive of tax of regarding the Work and excluding charges of framing and mounting and expenses of printing and shipping charges. This rate is the same for all the photographers and is independent from the size of the Work which will be sold.


Unlimited edition: the number of edition of the Work will be unlimited. Within the framework of a sale of a Work, the Photographer will perceive, for any sold work, copyright fees (licensing) fixed to 40 % of the sale price exclusive of tax regarding the Work and excluding charges of framing and mounting and expenses of printing and shipping charges. This percentage is the same for all the photographers and is independent from the size of the work which will be sold. This rate is the same for all the Photographers and is independent from the size of the Work which will be sold.


Original edition: the Photographer will be in charge of the edition (printing), of the signature and the shipping of the Work. Within the framework of a sale of a Work, the Photographer will perceive, for any sold Work, copyright fees (licensing) fixed to 70 % of the sale price exclusive of tax of regarding the Work and excluding charges of framing and mounting and expenses of printing and shipping charges. This rate is the same for all the Photographers and is independent from the size of the Work which will be sold.


The sale price of the Works (exclusive of tax of regarding the Work and excluding charges of  framing and mounting and expenses of printing and shipping charges) is determined by LA FOKALE, it can however be the object of an agreement by e-mail between LA FOKALE and the Photographer.


The Photographer can inquire about the expenses of (charges of  framing and mounting and expenses of printing)  by sending an email to the address: contact@lafokale.com


The commissions (fees) regarding copyright (licensing) will be the object of a biannual balance established by LA FOKALE, and will be paid to the Photographer according to variable modalities according to its own administrative and social status (to see Art. 7 below).


LA FOKALE is allowed the right to change at any time the compensation policy of its Users, on the condition of informing them about it beforehand. In case of not accepted tarif modification, the Photographer can ask to remove its  Photographs of the Site.


No remuneration will be due to the Photographer if no Work is sold.



2.1.3. Characteristics of the production standardized by Photos

The partners of Lafokale in charge of editing, printing shipping are Picto 53 bis rue de la Roquette 75011 Paris and/or Cosy Pixel 8 rue de Lancry, 75010 Paris and/or Printspace Studios Ltd:

  • Printing: argentic or pigmentary (Giclée) printing on High-quality Fine Art paper or stiff U. V medium or Alu Dibond 2 mm;

  • Framing: classic frame or American box or Acrylic Mounting. (combination of different framing and mounting techniques is possible)

  • Sizes: 30x45cm or 45x70cm or 60x90cm or 80x120cm.

 

The options regarding Printing, Framing and Sizes of Work can vary according to the format of the proposed Work. LA FOKALE reserves the right to modify or to adapt its standard conditions of production of the Works at any time.


LA FOKALE can also decide in an exceptional way to change the characteristics of production of a Photography.




3. Withdrawal of the Works of the Site - Limits of the transfer of rights

 

According to the article L.131-3 of the code of the intellectual property, the present transfer of rights is granted in the following limits:

 

3.1. Minimal duration of exploitation

As from the acceptance of a Work by LA FOKALE, the Photographer makes a commitment to leave it at the disposal of LA FOKALE for a duration of 12 months. At the end of this period, if none of the parts ends the contract, it will be renewed tacitly for successive periods of one year.


3.2. Status of the Work at the end of the contract

At the end of the minimum duration of exploitation or at the time of every renewal, the Photographer can ask for the removal of his Work or his Photographs from the Site and the suppression of his page Artist. He will have to inform about it LA FOKALE by email at the address: contact@lafokale.com 3 month before the expiration of the deadline.



4. Intellectual property and right to the image
4.1. The Photographer gives to LA FOKALE, non-exclusive and worldwide exploitation rights on his Works. The rights given up by the present include in particular:

  • The right of representation: the right to represent the Works or to make them represent, by any third of his choice, publicly, all over the world, in any formats and by any current or future processes of communication to the public in particular by public representation, and by all other ways of distribution, in particular by any ways of online transmission such as the internet, intranet networks, etc. Or by current mode of transmission, with the aim of its communication to the public, in a public or private place, so much for the purposes of individual reception as collective, in simultaneous or postponed, entirely or by extract, and for display on any material of reception (in particular television sets, computers, mobile terminals such as mobile phones, etc.) whatever are the used standards of distribution;

  • The reproduction right: the right to reproduce and to reproduce all or part of the Work on any medium necessary for their exploitation, their reproduction, their marketing and their promotion in particular the right to make print of the Work on any medium (Fine Art paper etc.) and in any formats;The right to register or to make registered by any known or unknown technical processes this day, on any media and medium, in any sizes, by using any parameters of frame and centring, elements composing the Work as well as the titles and subtitles of the Work; the right to reproduce all or part of the Work by any known or unknown processes this day, in any sizesand on any media or medium (in particular paper, DVD, CD-ROM, USB key or others) and, generally speaking, quite different current or future medium allowing to store temporarily way or permanently digital data and to consult the Work, offline or online by means of a distant and/or local IT connection, such as the hard drive of computer, the multimedia mobile phones, etc. and to communicate these reproductions to the public by any means, sale, rent, loan or others;

  • The right of adaptation: the right to adapt and to make adapt all or part of the Work, that is the right to bring it the modifications, in particular the modifications of sizes, centering, framing, color and contrasts, justified by technical or commercial necessities within the framework of their exploitation on any media or medium and  in the respect of the moral right of the Photographer.

  • The right of marketing: the right to sell directly, Print of the Work to Professionals (Hotels, Restaurant, office etc.), and to authorize the professionals to a non commercial use for their own needs and within the framework of their usual activities, and in this context to expose the Work them publicly in public places, such as stores, reception halls, halls, hotel rooms, etc., and without geographical limitation and for a duration of 24 years from the date of purchase.



4.2. The transfer is granted for a period of validity of the General Conditions according to the article 3 above.



4.3. The Photographer preserves naturally his moral rights on all his Works.



5. Social obligations


LA FOKALE is declared with the AGESSA as a diffuser.

Copyrights or sale price of an edition in a direct purchase or an online purchase, for all the hypotheses aimed by the present General Conditions, will be payable in the following way, varying according to the administrative status of the Photographer, and according to his potential submission to VAT.

In every case, the Photographer commits to communicate with LA FOKALE the information up to date and complete. It is aware that possible errors or omissions can have fiscal and social consequences important for each of the parties, and can lead to tax adjustments on the initiative of the Tax authorities and/or the URSSAF(FRENCH BODY MANAGING SOCIAL SECURITY PAYMENTS AND FUNDS). Any incomplete or erroneous information can give rise to the suspension of payments of the Photographer's copyright fees (licensing), in addition to the possible damages undergone by LA FOKALE because of a rectification (tax adjustment) by the Administration.

 

 

5.1. Photographer practicing under artist's status (Author): This article concerns Only French Resident Photographer

The Photographer exercising his artistic activity under Auteur's status depends on the AGESSA. It will transmit spontaneously to LA FOKALE, where necessary, and annually, its certificate of exemption of deduction if he is AFFILIATED to the AGESSA.

 

  • For lack of transmission of this document, LA FOKALE will consider that it is only LIABLE for the AGESSA and will hold, as the law obliges an Editor, a withhold (approximately 10 %), on basis of the rates in force in the day of the payment of the rights returning to the Photographer. LA FOKALE will add it the Broadcaster taxes which stay at LA FOKALE expense (1,10 %) and do not thus modify amounts returning to the Photographer.

  • When the Photographer will have transmitted its certificate of exemption of deduction, there will not be a withhold any more. LA FOKALE will pay to the Photographer the entire amounts which means that it is up to the latter to declare its income to the AGESSA, and to pay the due taxes.

  • The Photographer who is submitted to VAT will transmit in the day of his registration on LA FOKALE Site or from the modification of his tax regime, the VAT number which was attributed to him. In this case, VAT at the 10 % rate will be added to every discount of copyright (Art. 279 g of the general Code of the taxes).




LA FOKALE will establish for the photographer the discount of the copyright fees. The Photographer by the acceptance of the present General Conditions gives mandate to LA FOKALE for establishing the invoice calculating the copyright fees (licensing). The Photographer will have to sign this invoice and return it to LA FOKALE as well as communicate his banking information (IBAN or other ) so that the latter can be the object of a payment.



5.2. Photographer practicing under Artisan's status : This article concerns Only French Resident Photographer

When the Photographer practices under Artisan's status and is validly registered on the Chamber of trade, he(it) takes only care to declare his(its) income and to pay(pour) the welfare costs there concerned, without depending on the AGESSA.



Discounts of copyright concerning him( will possibly be increased by the VAT if he has is submitted to VAT, at the 10 % rates for copyright; the Photographer by the acceptance of the present conditions gives mandate(money order) to LA FOKALE for établire the discount of right(law). The Photographer will have to sign this discount and turn(return) it to LA FOKALE as well as communicate his banking information (IBAN or other one) so that the latter can be the object of a regulation(payment).



For the photographers practicing under this status, he(it) does not take place any more in payment of the contributions(taxes) diffusers, these there depending that of the URSSAF(FRENCH BODY MANAGING SOCIAL SECURITY PAYMENTS AND FUNDS) and not the AGESSA.

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5.3. Resident photographer foreigners

The resident photographers of one foreign countries have not to pay welfare costs in the AGESSA. LA FOKALE établiera for the photographer the discount of the copyright exclusive of tax. The Photographer by the acceptance of the present conditions gives mandate to LA FOKALE for établire the discount of right. The author will have to sign this discount and turn him to LA FOKALE as well as communicate his banking information (IBAN or other one) so that the latter can be the object of a regulation.

? 6. Commitments of the Photographer The Photographer makes a commitment to inform exact information about him, the Works and Photos and all the information whom he will communicate at the time of his registration and to update them, if necessary. The Photographer declares expressly that his Work is original and that he arranges rights given up by the present General Conditions.



The Photographer also guarantees that his Photos contain no loan in another work of whatever nature or element which would may engage the responsibility ' of LA FOKALE, in particular by falling under the blow of the laws and other relative capacities, in particular, in the private life, in the right to the Work (people and the properties), in common decency or in forgery.



In a general way, the Photographer guarantees in LA FOKALE the peaceful exercise of the given up rights. The Photographer has to enforce this right and to defend him against any infringements which would be carried to him.



Accordingly, the Photographer makes a commitment to deal personally, and to engage his own responsibility for any complaint and\or legal proceeding formed against LA FOKALE.



The guarantee offered by the present article covers the main thing of any undergone damage, any regulation put chargeable to LA FOKALE by an arbitration, judicial decision or a transaction, and any interests and freshly exposed by LA FOKALE, in this understood any judicial, extrajudicial and honorary expenses of representatives of the law.



In case of financial expenses, damages, fees, legal costs and of lawyer or for any sum which LA FOKALE would be brought to spend because of an act committed in disagreement with the present General Conditions by the Photographer, the latter makes a commitment to pay off entirely LA FOKALE.




7. Exclusivity granted for the benefit of LA FOKALE The Photographer makes a commitment to book for Lafokale the exclusivity of the distribution of his Works. He cannot propose, directly or indirectly, his Works on a rival platform, that is offering a service of sale of photos.

8. Non-competition clause The Photographer makes a commitment not to compete with LA FOKALE by proposing the Works and Photos selected by LA FOKALE in the sale all on his/her own. In particular, any live sale by the Photographer with a customer having discovered its work via the Site is strictly prohibited.


9. Operations of promotion LA FOKALE saves itself the possibility of organizing, in a limited way, operations of promotion (physical exhibitions, varnishings, meetings with a Photographer, etc.) to promote Photos proposed on its Site.



In certain cases, the presence of the Photographer can be required. Expenses inherent to his participation in such an operation will be paid off to him by LA FOKALE, on sending of invoices within one month and with a 250€ maximum euros. LA FOKALE makes a commitment to inform the Photographer as soon as the project of event is envisaged, and it to obtain confirmation of its availability during the event.


10. Applicable law and competent jurisdiction The present General Conditions are subjected to the French law.



In case of dispute on the interpretation, the execution or the validity of the present General Conditions, the French courts will be the competent only ones.


11. Termination LA FOKALE saves itself the possibility of removing immediately the Works or Photos proposed on its Site, at any time, without compensation, in case of breach by the Photographer in one of the clauses mentioned in the present General Conditions, not repaired in 30 days following the reception of the formal demand.

 

12. Personal data
12.1. The Site LAFOKALE made the object of a statement(declaration) to the National Committee(Commission) of the Computing and the Liberties under the number 2164245 v 0.



12.2. In IT law enforcement and Liberties n°78-17 of January 6th, 1978, the Photographers have a right of access, modification, rectification and abolition(deletion) on the name specific data concerning them. The Photographer can, at any time, exercise this right(law). He will have to send to this end a mail (mentioning his(her,its) name, first name, mailing address and e-mail address) to the following address: 18 street of the Mount Cénis - 75018 Paris or by e-mail: contact@lafokale.com.



12.3. According to the article 6. II. of the law of June 21st, 2004, LAFOKALE has to keep(preserve) the data allowing the identification of the Photographers, to pass on(to transmit) these data in competent authorities on judicial requisition with the exception of quite different third(third party).





13. Transfer in a third(third party)
LA FOKALE saves itself the faculty(power) to give up(to sell) all or part of its rights and duties resulting from General Conditions in any third(third party) of its choice, natural or legal entity, what the Photographer re-knows and accepts expressly and irrevocably. 



14. Protection of the rights
LA FOKALE will have, by the fact of the General Conditions, the right(law) to pursue any forgery(imitation), imitation or exploitation(operation), in any form whatsoever, Works, within the limits of the given up(sold) rights.



15. Completeness of the General Conditions
If any of the clauses of the General Conditions, or if the application of this clause in certain circumstances, was considered as impossible, worthless or illicit by any jurisdiction or administration, this clause would be considered as non-written or non-applicable in the aforementioned circumstance. In such a case, the other clauses of the General Conditions would not be affected(allocated) for all that

 

16. Disputes 16.1. The General Conditions are subjected to the French law.


16.2. In case dispute concerning the interpretation and\or concerning the execution of the General Conditions between LA FOKALE and the Photographer and\or the User, the parts make at first a commitment to look for an amicable resolution in this dispute.


16.3. For lack of amicable resolution within one (1) month as from the emergence of the dispute, this one will be subjected to the county court of Paris.

 

 

 

 

 

© 2018 La Fokale. Terms & Conditions

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