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GENERAL PROVISIONS FOR USE

Goal

The goal of these provisions is to regulate the use of photographic visuals and other forms of media presented on this on-line photo library, hereinafter referred to as the “photo library of Saint-Malo” by a borrower, referred to hereafter as the “borrower”.

The photo library of Saint-Malo is made available by the City of Saint-Malo, by the community of Saint-Malo and by its Tourist Office via SPL Destination Saint-Malo Bay of Mont-Saint-Michel, hereinafter referred to as the “group”.

Access and security

The photo library of Saint-Malo is accessible at all times, except in cases of Force Majeure, events out of the control of the group and/or the host, any breakdown, maintenance intervention and/or update needed to ensure that the services function properly.

The group is obligated to employ all means at its disposal to ensure good quality of access to the photo library of Saint-Malo and to ensure feasibility and rapidity of putting the data that it makes available on-line.

The borrower declares that he understands and accepts the properties and limits to transmitting information over a network, as well as its costs for a proper connection. The borrower must ensure that the technical characteristics of the hardware and software that it uses allows access to the photo library of Saint-Malo under proper conditions, and to take all appropriate measures to protect them against infection by a possible virus.

The group cannot guarantee that there are no anomalies in entering and/or displaying on a screen and/or paper for printing.

In any event, the borrower expressly acknowledges that the group's liability may in no case be sought for any prejudice and/or direct and/or indirect damage resulting from a virus, a fraudulent intrusion of a third party, loss of data and/or program, link interruption, server failure, electrical problem, access times to the Saint-Malo photo library, difficulties encountered by the borrower from his connection, he consultation and/or downloading, of lack of preciseness, an error in indexing, delays in putting on-line and/or any other anomalies (without this being an exhaustive list).

Opening an account

The only ones who are entitled to access this site are the borrowers who have requested creating an account to access the photo library of Saint-Malo by accepting to fill out the requested questions and after having understood and validated the provisions for use (general and specific).

Access and use of the photo library of Saint-Malo implies formal acceptance without reservation for these provisions in their latest version by the borrower. Non-acceptance of the provisions for use mean that the borrower may not create his account or access the photo library of Saint-Malo.

The group reserves the right to validate the creation of a user account.

The borrower is obligated to access the photo library of Saint-Malo solely via his personal account by using an identifier and a password.

Confidentiality of the identification items 

The borrower is responsible to preserve confidentiality of his identifiers, and does not have the right to distribute his access information, nor to allow others to use it in order to access the photo library of Saint-Malo.

The borrower will take all the necessary and existing measures to prevent a third part accessing his information, and must notify the group of any unauthorised access which may require updating the borrower’s data or to forbid access to him.

Personal data

The personal data provided by the borrower when opening his account are stored in a group administrative file with the sole goal of managing access to the photo library of Saint-Malo.

The data collected are as follows: First and last name, telephone number, postal address, email address, company or organisation. The data are stored for 36 months from the borrower’s last connection.

At any time, the borrower has rights to access, modification, rectification and erasure of his data, in application of the provisions of the IT and liberties law no. 78-17 of January 6, 1978, amended by the European Directive no. 2016/679 of the General Data Protection Regulation (GDPR).

In order to exercise his rights, the bower can undertake several actions (erasing an account and requesting access to the data collected) at the heading “My account” in the photo library of Saint-Malo. The borrower can also exercise his right by email in attaching an identity document with his request to the Data Protection Officer at: dpo@stmalo-agglomeration.fr.

The processing managers are:

  • The Mayor of Saint-Malo,
  • The Chairman of the Saint-Malo community,
  • and the Chairman of the SPL Destination Saint-Malo Bay of Mont-Saint-Michel.

Intellectual property and ownership rights

These general provisions of use are regulated by the law in force in France, and are expressly subject to the provisions of the Intellectual Property Code.

The borrower is obligated to use the visuals of the photo library of Saint-Malo in accord with these general and specific provisions.

The visuals made available by the group are the property of the author or his successors, the borrower only obtains the right of reproduction and/or representation.

The group accords to the borrower a defined, temporary and non-exclusive use authorisation for the selected visuals. The borrower is obligated to only use the visuals made available to him for the uses which he has declared.

The borrower is obligated:

  • to give a credit to the photo, the name of the photographer and copyright, if applicable.
  • not to infringe the economic and moral rights of the authors or beneficiaries of the visuals he wishes to use.

Any modification of a visual, of any nature, in any form or any technical procedure, is prohibited.

Any storage and/or copying of all or part of the visuals, under any form, is prohibited beyond the group’s consented use.

Any reproduction of the work by a borrower who is not identified, especially by downloading or screen capture is prohibited.

The visuals of the photo library of Saint-Malo cannot in any circumstances be the object of a sale, and can only and exclusively be borrowed.

Disputes and sanctions

Any use which does not comply with these provisions can be subject to legal proceedings by the author of the visual(s) involved, or his successors in title, against the borrower, in the competent courts.

The group reserves the right to take any measure against a borrower due to illicit use of visuals by the latter (which may lead to a ban on access to the photo library of Saint-Malo).

The borrower is obligated to take up the cause and indemnify the group for any recourse, any prosecution, any claim or request relating to improper or prohibited use of the visuals.

It is forbidden to use the visuals in a context that would infringe on good morals or violate human rights, in particular in a pornographic, defamatory, abusive or demeaning manner.

Modification of the provisions for use or the contents of the photo library

The group reserves the right to modify the provisions for use at any time. Therefore, the borrower will be notified when connecting and must accept them before being able to access the photo library of Saint-Malo.

The photo library of Saint-Malo and its contents may be modified at the discretion of and without notice by the group, which cannot be held responsible for the consequences of such modifications.

SPECIAL PROVISIONS FOR USE

The purpose of these special provisions is to regulate use of photographic visuals and other forms of media from each of the funds present in the photo library.

  • of the city of Saint-Malo,
  • of the Saint-Malo community
  • of the SPL Destination Saint-Malo Bay of Mont-Saint-Michel.

Fonds de la Ville de Saint-Malo

Any use of the photographic visuals belonging to the City of Saint-Malo is prohibited without prior authorisation.

The visuals are free of rights within the exclusive framework of promotion of the City of Saint-Malo.

Any use of visuals must be requested from the city of Saint-Malo (Department of Communications and International Relations):

-  by email to  phototheque@saint-malo.fr

-  or by post to:

Mairie de Saint-Malo

Direction de la Communication et des Relations Internationales Place Chateaubriand - CS 21 826

35 418 Saint-Malo Cedex.

Each new use must be subject to prior acceptance from the City of Saint-Malo, insofar as an authorisation relates to only one use.

Use of visuals is subject to indicating the copyright and legend specified for each of the photos on the site, and in particular the mention “Name of the photographer - Ville Saint-Malo.”

As part of a publication, the borrower must provide the City of Saint-Malo (Department of Communication and International Relations) two supporting documents as soon as it is published:

Mairie de Saint-Malo

Direction de la Communication et des Relations Internationales Place Chateaubriand - CS 21 826

35 418 Saint-Malo Cedex.

Fonds de Saint-Malo Agglomération

Any use of the photographic visuals belonging to the community of Saint-Malo is prohibited without prior authorisation.

Any use of visuals must be requested from the community of Saint-Malo (Department of Communications):

Saint-Malo Agglomération Direction de la Communication 6, rue de la Ville Jégu - BP 11 35 260 Cancale.

Any new use is subject to prior acceptance of the community of Saint-Malo, noting that an authorisation relates to only one use.

Use of visuals is subject to indicating the copyright and legend specified for each of the photos on the site, and in particular the mention “Name of the photographer- Saint-Malo.”

As part of a publication, the borrower must provide the of Saint-Malo (Department of Communication and) two supporting documents as soon as it is published:

Saint-Malo Agglomération Direction de la Communication 6, rue de la Ville Jégu - BP 11 35 260 Cancale.

Fonds de la SPL Destination Saint-Malo Baie du Mont-Saint-Michel

Any use of the photographic visuals belonging to the SPL Destination of Saint-Malo is prohibited without prior authorisation.

The photographs are free of rights within the exclusive framework of the promotion of the territory of the SPL Destination Saint-Malo Baie du Mont-Saint-Michel.

Any use of visuals must be requested from the SPL Destination Saint-Malo Bay of Mont-Saint-Michel, by email to:

SPL Destination Saint-Malo Baie du Mont-Saint-Michel Esplanade Saint-Vincent

35 400 Saint-Malo.

Any new use is subject to prior acceptance of the SPL Destination Saint-Malo Bay of Mont-Saint-Michel, noting that an authorisation relates to only one use.

Use of visuals is subject to indicating the copyright and legend specified for each of the photos on the site, and in particular the mention “Name of the photographer– SMBMSM.”

As part of a publication, the borrower must provide the SPL Destination Saint-Malo Bay of Mont-Saint-Michel two supporting documents as soon as it is published:

SPL Destination Saint-Malo Baie du Mont-Saint-Michel Esplanade Saint-Vincent

35 400 Saint-Malo