The User expressly acknowledges having read and accepted the terms and conditions of the T&C, the Technical Documentation and the applicable Creative Commons Licence. The User, a natural person, declares that they are over 18 years of age and have full legal capacity to accept the above-mentioned contractual documents. The same applies to a User representing a legal entity, who declares being duly authorised to accept the said contractual documents.
The Images d’art API is published by the Etablissement public de la Réunion des Musées Nationaux et du Grand Palais des Champs Elysées, a national, industrial and commercial, public establishment, reporting to the Ministry of Culture and Communications, having its registered office at:
254/256 rue de Bercy, 75570 Paris cedex 12- France
Paris Trade and Companies Register B 692 041 585
Intracommunity VAT No.: FR 11692041585
Director of Publication: Ms Valérie Vesque-Jeancard, Deputy Director General, Rmn-Grand Palais
Hosting : OVH
Design/Production : af83
User contact : firstname.lastname@example.org
> Photographic Agency : means the Rmn-Grand Palais photographic agency
> API Images d’Art : means the Application Program Interface published by Rmn-Grand Palais, governed by these T&C, accessible at http://api.art.rmngp.fr/, enabling the User to access the Images and Metadata with a view to inserting them in applications or website or any other Derivative Data.
> Photographic Agency image database : means the photographic agency's image bank which contains all the photographic works comprising the Rmn-Grand Palais photographic collection, available as digital files and enabling: "advanced" searches using an indexation tool and an online image sale tool, pursuant to the universal photo library mission enshrined in the statutes of the Rmn-Grand Palais.
> T&C : means these General Terms and Conditions of Use of the Images d'Art API, including the Technical Documentation and Creative Commons Licence, which are an integral part thereof.
> Technical documentation : means the online documentation detailing the methods and formats used by the system to enable it to operate, with illustrative examples.
> Derivative Data : means any data or work created by the User from the Images and/or Metadata provided by the Images d'Art API.
> Images : means all the photographic works pursuant to the French Intellectual Property Code, originating from the Photographic Agency's image database, made available to Users in low definition, via the Images d'Art API, according to the terms and conditions of the T&C and in particular the Creative Commons Licence CC BY NC SA 3.0 FR. As an exception to the foregoing, for Images representing works whose the authors or the right holders are mandated by the French organization “Société des Auteurs dans les Arts Graphiques et Plastiques” (ADAGP), the Creative Commons Licence CC BY NC SA 3.0 FR will not apply. The sole non-commercial uses authorized for these Images will be for personal use and/or educational purposes.
> Creative Commons Licence CC BY NC SA 3.0 FR means the user licence applicable to the Images – with the exception of ADAGP Images - and Metadata by which Rmn-Grand Palais authorises the User to make use of the Images and/or Metadata for solely non-commercial purposes, and for creating derivative works, on the condition that the Images are attributed to their author by citing his/her name, and provided that the original Images and derivative works are distributed by the User under an identical licence.
> Metadata : means all the notices accompanying the Images originating from the Photographic agency's image database, made available to Users via the Images d'Art API, according to the terms and conditions of the "T&C" and in particular the Creative Commons Licence CC BY NC SA 3.0 FR.
> Rmn-Grand Palais : means the Etablissement Public de la Réunion des Musées Nationaux et du Grand Palais des Champs Elysées, publisher of the Images d’Art API.
> User : means either a natural person at least 18 years of age, or a legal entity, duly identified by the Images d'Art API user account, a co-contracting party of the Rmn-Grand Palais and bound in this respect by these "T&C".
> End User : means the natural person or legal entity accessing the application, website or any other Derivative Data developed by the User using the Images d'Art API, via an electronic communications network.
The User's access to the Images d'Art API is subject to:
After completing the various information fields needed to create the user account, the User will be sent the technical login details by Rmn-Grand Palais to enable it to manage its User account and access the Images d'Art API.
In order to facilitate integration of the Images d'Art API by the User, Rmn-Grand Palais will provide Technical Documentation, as defined in Article 4. Rmn-Grand Palais is the owner of the material property and all the intellectual property rights pertaining to the Technical Documentation.
Rmn-Grand Palais authorises the User to use the Images and/or Metadata free of charge, for information, education, professional or non-professional purposes, to the exclusion of any commercial use. Details of the conditions of use of the Images and/or Metadata are specified in the Creative Commons Licence CC BY NC SA 3.0 FR, governing the Images and the Metadata: https://creativecommons.org/licenses/by-nc-sa/3.0/fr/
As an exception to the foregoing, for Images representing works whose the authors or the right holders are mandated by the French organization “Société des Auteurs dans les Arts Graphiques et Plastiques” (ADAGP), the Creative Commons Licence CC BY NC SA 3.0 FR will not apply. The sole non-commercial uses authorized for these Images will be for personal use and/or educational purposes.
ADAGP contact: 01 43 59 09 79 / www.adagp.fr.
Any use of the Images by the User must mention the source and authorship of the Images:
Any use of the Metadata by the User must refer to the source in the following manner: Rmn-Grand Palais.
With regard to the Images, the Creative Commons Licence CC BY NC SA 3.0 FR relates solely to the copyright pertaining to the Images as photographic works. Accordingly, acceptance of these T&C does not grant the User any authorisation relating to any intellectual property rights pertaining to the works represented in the Images, nor to any image rights over the persons represented in the Images, nor any rights held by the owners of the property represented in the Images. The User is responsible for obtaining all the authorizations required.
In addition, as an exception to the Creative Commons Licence CC BY NC SA 3.0 FR, any extraction and significant use of the Images and/or Metadata provided on the Images d'Art API, pursuant to the sui generis right in databases, set out in the French Intellectual Property Code, is strictly prohibited.
If Users wish to use the Images in high definition and/or for commercial purposes, or wish to make commercial use of the Metadata, they must enter into a specific contract with Rmn-Grand Palais, via its Photographic Agency, at the address email@example.com.
Access to the Images d’Art API enables Users to:
The User undertakes to:
Rmn-Grand Palais will supply the necessary, reasonable means to ensure continuous access to the Images d'Art API, subject to the User's compliance with these T&C. Users are solely liable towards third parties for the content they make available to End Users via the applications, websites or any other Derivative Data they develop using the Images d'Art API, and Rmn-Grand Palais is therefore exempt from liability in this regard. Users are also solely liable towards third parties for the performance and availability of the application, website or any other Derivative Data developed using the Images d'Art API and provided to End Users. Rmn-Grand Palais shall not be held liable under any circumstances and/or claimed against, in the following cases:
Rmn-Grand Palais is the sole holder of all the intellectual property rights pertaining to the Images d'Art API structure and its components, in particular the Images, Metadata, texts, animated images, software and databases. Users have the right to use the Images d'Art API and its components within the limits set out in these T&C and the Creative Commons Licence CC BY NC SA FR 3.0 in particular. Accordingly, any reproduction, representation, use, provision or modification of the Images d'Art API by the User and/or its components, in full or in part, by any means whatsoever, outside the authorisation granted by these T&C, is strictly prohibited unless previously agreed in writing by Rmn-Grand Palais. For any use of the Images d'Art API other than those authorised by these T&C, please ask us by e-mailing firstname.lastname@example.org .
Rmn-Grand Palais is the holder of all the intellectual property rights, in particular the industrial rights relating to all the distinctive marks appearing on the Images d'Art API, including the names "Rmn-Grand Palais" and "Images d’Art". Accordingly, any use of these distinctive marks by Users, in full or in part, for any reason whatsoever and in any medium whatsoever, must be limited to uses that are strictly necessary and authorised under these T&C. Any other use requires the prior, written permission of Rmn-Grand Palais. \.
Breach of the prohibitions referred to in Articles 6.1 and 6.2 constitutes an act of infringement that may render its author civilly and/or criminally liable. Rmn-Grand Palais reserves the right to take legal action against any person who has breached the above prohibitions.
Rmn-Grand Palais does not hold any intellectual property right over the works represented in the Images protected by copyright, nor any authorisation from the persons whose image or property is represented in the Images, with a view to their dissemination by the User. Accordingly, Users will be responsible, when using the Images d'Art API, and in particular when developing applications, websites or any other Derivative Data, for obtaining any necessary authorisations from the authors and/or rightholders and/or persons concerned, and Rmn-Grand Palais will be released of any liability in this regard. Users will also be responsible for complying with the moral right of the authors of the Image and/or works represented in the Images.
The applications, websites or any other Derivative Data developed by Users using the Images d'Art API must comply with these T&C and the legal and regulatory provisions in force. Accordingly, Users are prohibited from disseminating or giving access (in particular via hyperlinks) to any content that is illegal and/or contrary to common decency and/or public order and/or breaching the rights of third parties (in particular literary and artistic property rights, industrial property rights, image rights and respect for privacy). In particular, Users warrant that the applications, websites or any other Derivative Data developed using the Images d'Art API, belongs to them and/or that they have obtained all the necessary authorisations (in particular intellectual property rights and/or image rights) – specifically from the authors and/or rightholders of the works represented and/or from the persons whose image is represented and/or the owners of the property represented - for the purposes of reproduction, representation and more generally public dissemination; Furthermore, Users warrant that they will not disseminate or grant access (particularly via hyperlinks) to any content containing:
In a general manner, Users are asked to exercise caution and discernment in regard to the content they disseminate. Users shall hold Rmn-Grand Palais harmless against any recourse, claims or complaints from third parties resulting from use of the Images d'Art API by the User in any way that does not comply with all or part of these T&C and/or the legal and/or regulatory provisions in force.
The User's personal data collected when opening their user account is necessary for the electronic processing of the said account. The data is intended for the internal services of Rmn-Grand Palais, its service providers and sub-contractors involved in managing the Images d'Art API. The personal data thus collected will be processed by Rmn-Grand Palais in compliance with the legal provisions on personal data protection pursuant to French Law no. 78-17 of 6 January 1978 on Data Protection and French Law no. 2004-801 of 6 August 2004. Users have the right to access and correct the data relating to them at any time. They may exercise this right by sending an e-mail to the following address: email@example.com. Users may object to the processing of their personal data, for legitimate reasons.
Users are informed that, when they use the Images d'Art API, cookies are stored on the hard disk of their computer, mobile or tablet. A cookie is a file containing data, in particular a unique identifier, sent by the Images d'Art API server to the User's browser and stored on its hard disk. These cookies are stored every time a User browses the Images d'Art API, and are intended to:
Rmn-Grand Palais reserves the right to amend the terms of these T&C unilaterally, in particular for the purposes of adapting the Images d'Art API to any technical developments, or to any new business model, or to any new statutory, legal or regulatory changes. These amendments shall be binding on the User as soon as they are published online. Users will be informed of any significant amendments to the T&C by any appropriate means, as soon as possible.
These T&C are governed by French law. Any dispute relating to these T&C and/or the Images d'Art API is subject to the sole jurisdiction of the competent courts in Paris.
These T&C will also be translated into English. In the event of any contradiction or difficulty of interpretation between the clauses in the French version of the T&C and their English translation, the French version shall prevail. If one or more clauses of these T&C, separable from the other clauses, is cancelled or set aside by the definitive judgement of a competent court, the other clauses shall remain in force and the cancelled clauses will be replaced by valid clauses of equivalent scope.
© 2015, Rmn-Grand Palais