General Conditions Of Use

Preamble

This website is operated by Asahi Glass Co., Ltd. lo.1-12-1, Yurakucho,Chiyoda-ku, Tokyo 100-8405 JAPAN (hereafter "AGC").It is published and hosted by AGC Glass Europe sa/nv, member of the AGC group.

Access to and use of this site are subject to "General Conditions" as detailed hereafter as well as to applicable laws and/or regulations.

Connection and access to the Website "agc-photolibrary.com" is subject to the full acceptance by the user (hereafter the SUBSCRIBER) of all the provisions of these General Conditions ( hereafter "THE AGREEMENT").

AGC reserves the right to modify and update without notice these General Conditions as well as all items, products or services shown on the Web site.


Provision 1: Copyright; Rights granted on the photos

AGC hereby grants the SUBSCRIBER a non-exclusive, non-transferable right to access to the AGC E-photo Library (hereinafter called the E-Library) subject to an appropriate use of the photos for information purposes regarding AGC's products and services only.

    1.1. The SUBSCRIBER agrees and acknowledges that the PHOTOS available on AGC E-library are the valuable intellectual property of AGC and/or of the photographers and that all proprietary rights (including but not limited to copyright/author's right) are and shall remain the property of AGC and/or of the photographers.
    AGC retains all rights not specifically granted to the SUBSCRIBER under this Agreement.

    1.2. AGC grants to the Subscriber the rights to download and/or reproduce in high resolution the PHOTO(s) available on "agc-photolibrary.com" provided that:

      - the PHOTO is watermarked with a courtesy notice attesting that the copyright is owned by AGC, namely "© AGC Glass Europe" for example and;

      - the subject reproduction is made to support and/or illustrate information regarding AGC's products and services only. AGC's E-library is available for the information of its users only.

    The PHOTOS published in the E-PHOTO library shall not be commercially exploited, even on a partial basis, without the prior written agreement of AGC (hereby represented by the Corporate communication department).

    1.3. The Rights granted in provision 1.2. include the reproduction on both medias, namely paper (printed information) and/or digital, the picture being downloaded/reproduced by electronic means, method, or process. The SUBSCRIBER may however not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Photo.

    1.4. "Non-transferable Rights" means that the SUBSCRIBER may not sell, rent, give, sublicense, or otherwise transfer to anyone, the right to use the PHOTO. The SUBSCRIBER may however transfer the PHOTOS to a third party for the sole purpose of informing such third party about AGC's products and services subject to the terms and conditions herein. In addition, the work the SUBSCRIBER produces with the PHOTO must be used for himself, his direct employer, client, or customer, who must be the end user of the work. The SUBSCRIBER agrees to take all steps to prevent third parties from duplicating any PHOTO. If he becomes aware of any unauthorized duplication of a PHOTO, AGC kindly invites THE SUBSCRIBER to notify it via email to AGC (CORPORATE COMMUNICATION to the following e-mail address: photolibrary@eu.agc.com).


Provision 2: Other intellectual property rights

AGC notifies the SUBSCRIBER that other elements of this E-PHOTO library site may be :

    a) protected by Copyright law: in particular databases arrangements, articles, drawings;

    b) protected by the Design or Trade Dress regulation;

    c) protected by Trademark Law.

Elements which are protected are the property of AGC or third parties having authorized AGC to reproduce them.

Accordingly, any reproduction, representation, use, adaptation, modification, incorporation of any protected element, in whole or in part, in any manner or form, by means of any process and on any medium (paper, digital, other) -except to support the Rights granted on THE PHOTOS in Provision 1- are prohibited without the prior, written authorization of the CORPORATE COMMUNICATION DEPARTMENT OF AGC.


Provision 3: Identification data

Visiting the Web site is possible without having to reveal his/her identity or any other personal information.

In respect of personal information of which THE SUBSCRIBER may inform AGC, he is entitled to access, modification, rectification and deletion in accordance with law for the protection of persons in respect of processing personal data. To exercise this right, he is kindly invited to send a message to photolibrary@eu.agc.com

Data collected on this site is for the exclusive use of AGC GLASS EUROPE S.A and/or its subsidiaries, and accordingly may not be transferred to a third party without THE SUBSCRIBER prior agreement.

This personal data is retained in a form allowing identification of the persons concerned for a period that does not exceed the length of time necessary to achieve the end for which they were collected and/or processed.

THE SUBSCRIBER agrees not to share his username and password combination. The AGC E-PHOTO library username and password are to be used only by THE SUBSCRIBER.


Provision 4: Limitation of responsibility

THE SUBSCRIBER uses the agc-photolibrary.com website at his sole and entire responsibility. AGC cannot be held responsible for direct or indirect harm of any sort, in particular, material harm, loss of data or programs, financial loss, which result from the use of this Web site or of sites with which it is linked.

We draw THE SUBSCRIBER attention to the fact that certain products or services shown on the agc-photolibrary.com website may be the subject of special regulations or even restrictions and/or bans in certain countries

Each photographer that authorizes a PHOTO to be uploaded on AGC E-PHOTO library website is entirely responsible for the materials he/she allows to be uploaded among which the acquisition of the possible existing rights/copyright for the image of the persons and/or the architecture of the building/interiors that may appear in the PHOTO.


Provision 5: Suspension or interruption of access

AGC may at any time limit or suspend, temporarily or otherwise, THE SUBSCRIBER's access to the agc-photolibrary.com web site in the event of:

    - The breach by THE SUBSCRIBER of these General Conditions of use, without prejudice to any other rights of AGC,

    - Technical problems related to the infrastructure used for the on-lining and operation of the Web site.


Provision 6: Violation of rights

All rights not specifically granted under the subject E-library general conditions of use are reserved to AGC. Additionally, AGC does not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve PHOTOS or related information.

Unauthorized use of the PHOTOS constitutes copyright infringement and shall entitle AGC to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against the SUBSCRIBER and beneficiaries of the illegal use of such PHOTOS.

The SUBSCRIBER agrees to indemnify AGC, its employees, shareholders, directors, managers, members and suppliers against any damages or liability of any kind arising from any use of the PHOTO other than the uses expressly permitted by these general conditions. The SUBSCRIBER further agrees to indemnify AGC for all costs and expenses that AGC incurs in the event that The SUBSCRIBER breaches any of the terms of the subject AGC E-PHOTO library general conditions of use.


Provision 7: Miscellaneous

This Agreement represents the complete agreement between the parties . If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

In the event that a party fails to comply with any of the conditions set forth in this Agreement, the other party may require, on 15 days written notice, that such failure be corrected and, if such failure is not corrected with the notice period, the party will have the right to terminate the subject Agreement immediately on written notice sent to the other party to that effect.

Upon termination of this Agreement, all licenses granted to the SUBSCRIBER will automatically be revoked. If a license is revoked, the SUBSCRIBER agrees to immediately stop using this site and the PHOTOS, delete all photos and all copies from all media and destroy all other copies.

In case of breach of the subject agreement, AGC reserves the right to take legal action to obtain compensation for any damage caused without prejudice of the right to remove immediately the PHOTO from its database.

AGC may restrict or remove the use of any PHOTO for any reason, and may replace at any time the PHOTO with another PHOTO, and the SUBSCRIBER agrees to immediately discontinue all use of the PHOTO upon notification from AGC.


Provision 8: Notifications

For the execution of the subject Agreement, each notification to the Corporate communication department have to be done to the following e-mail address: photolibrary@eu.agc.com


Provision 9: Applicable law - Juridiction

This Agreement shall be interpreted in accordance with the laws of Belgium.

In the event of a dispute arising out of the interpretation or the performance of this Agreement, the Parties undertake to initially seek an amicable settlement. If such an amicable settlement cannot be reached, the Courts of Brussels shall have sole jurisdiction.