Contractual terms and user licence
is the direct or commissioned owner for the commercialisation
of rights to reproduce photographs catalogued in the site www.photomovie.net.
The images contained in the on-line archives are protected by copyright: this copyright applies to the author of the photographs and to the agency
Photomovie who has the right to sell the reproduction rights of these photos.
The nature of the images contained in the on-line Photomovie archives can, in some cases, have certain expressly specified restrictions and/or particular conditions for publication which the undersigned must comply with.
The downloading of the said images is only and exclusively allowed for the user who is professionally interested in the images and who is registered, holding the proper password allocated as a result of agreeing to the terms and conditions of this contract.
Those interested in buying photographs contained in this site are requested to complete the enclosed form with the appropriate data, as well as to send the original copy (sent in advance by fax) of the general contract conditions to Photomovie signed for agreement under the civil code articles 1341 and 1342. Photomovie will send to those interested the price list for agreement.
After sending the above-mentioned information via fax (with the obligation of sending the original signed copies by post), and verification of the applicant by Photomovie, Photomovie will issue a personal password to the new user.
This is required to gain access to the site to purchase and legally download images for use according to the conditions stipulated in the general terms of the contract.
Besides the cases cited above, it is prohibited to use any of the images contained in the site for just any motive or mean. Any infringement on the above-mentioned regulations with regard to the prohibited use can and will be prosecuted by law.
The preamble and the enclosed constitute an essential and integral part of the present contract.
- The undersigned is obliged to completely accept the
price list (enclosure A) which includes particular rates
for images subject to a "Special fee" as well
as the application of article 10 which follows.
- The undersigned is obliged to pay the agreed rates (indicated
in point 1) 30 days after receipt of the invoice issued
- The undersigned agrees to use the image(s) downloaded
from the site ONLY ONCE, and only for magazines, newspapers,
television periodicals and other, indicated in the signed
After having used the image, it must be destroyed by the contractor by and no later than 30 (thirty) days after the date of downloading, and cannot under any circumstances be kept in the archives of the contractor.
- The downloading of images contained in the site is automatically
authorized for editorial use only, in other words in connection
with illustrations for articles, by the press or television
with the objective of divulging events, films and persons
in a non-scandalous and non-damaging way. The undersigned
is consequently obliged to use the photo(s) without manipulating,
altering or touching them up, keeping in context with
the way the photos were originally taken and mentioning
the relative credits. The agency Photomovie is not responsible
for eventual moral consequences or economic repercussions
due to the improper use of photographs, in particular
for defamatory use that violates the privacy of the persons
photographed. The undersigned releases Photomovie from
any economic or moral consequences resulting from improper
use of photographs as stipulated above.
- For any use other than what is expressly foreseen in
article 4, a contract must be made beforehand with Photomovie.
- In the case of exploitation other than for editorial
use, the contract with Photomovie relates only to the
cession of rights for the reproduction of the image at
issue. None of the photographs contained in Photomovie's
on-line archives are model-released. Hence, for advertising
and/or commercial use of the image, the undersigned must
arrange for the release, the permission and necessary
consent of the person(s) portrayed before using the photograph(s)
and a copy must provided for Photomovie.
- The undersigned releases Photomovie from any claims
for an indemnity or for damages caused to a third party
resulting from usage other than what was agreed upon.
- The cession of rights for a third party to reproduce
downloaded images is strictly forbidden without the proper
agreement with Photomovie.
- The use of downloaded images for purposes other than
those agreed upon, even if directly effectuated by the
contractor, are not permitted without precautionary authorisation.
- The undersigned is obliged to use the downloaded image
by and no later than 30 (thirty) days after the date of
downloading. Eventual use of this image after 30 (thirty)
days will result in an additional charge for the undersigned
equivalent to the costs fixed at the moment of downloading
indicated in the price list (enclosure sub. A). In any
case, failure to use the image(s) within 60 (sixty) days
of withdrawal results in the loss of rights for reproduction
and the undersigned is obliged to destroy the materials
- Every image downloaded by the undersigned must be published
with the name of the agency, the photographer and all
the credits indicated by Photomovie. It is the complete
responsibility of the undersigned should there be any
erroneous or incomplete information or any mistakes contested
- The reproductions edited by the undersigned must be
carried out with complete loyalty, as well as chromaticity
according to the originals. The undersigned is accountable
for reproducing these photographs in their entirety (except
for other explicit authorisation) as well as for preventing
and avoiding any damage to the moral rights of the author.
This right must be respected and enforced even if Photomovie
has given the authorisation for reproduction on the basis
of economic usage.
- Should it happen that there is even the slightest change
in the norms and conditions of authorisation, that is,
any alteration in the terms and conditions declared, Photomovie
has the right to apply penalties of up to a maximum of
five times the fee due without further notification, as
well as eventual revaluation and interest. In the case
of breach of contract, unsettled and/or incorrect payment
and/or altered use from what was contractually agreed
upon, Photomovie will immediately deactivate the password,
stop all rights and take action to recuperate the credit
due and seek compensation for damages incurred. Photomovie
is exempt from any sort of claim, however formulated,
coming from a third party.
- The issued password will be valid for one year starting
from the date last used. After a year, the password will
automatically be deactivated.
- n compliance to article 10 of the Law 675/96 (Protection
of personal data) we inform that your data are kept in
our processing banks and will be used only for dispatching
of administrative, commercial and promotional materials.
Moreover we inform that, in compliance to art. 13 of the
Law 675/96 you have the right to consult, update, cancel,
rectify your data or to object to the use of the same,
if used in detriment to the law.
- Any and every modification of the present agreement
will be valid only in written form and signed by both
- The present contract is issued in Italian language
and the English version is a mear translation: in case
of dispute the Italian version is to be held as valid.
- Any sort of controversy will be presented to the competent
court of Milan and the Italian law will be applied.
For express approval of articles 1, 3, 4, 7, 10, 13, 14, 15,17,18 of the present contract, subject to articles 1341 and 1342 of the Italian civil code.