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Biosmotion Website Terms of Use

BY USING OR ACCESSING BIOSMOTION WEBSITE, YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE "SITE TERMS").

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.



The Site Biosmotion (hereinafter referred to as “the Site”) is owned by NDLR (hereinafter referred to as “the Agency”). Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data (Thesaurus (information retrieval), captions and keywords), photographic images, illustrations, moving images, videos, music, sounds, 3D models, After Effects projects, software, computer code and the arrangement thereof (“Biosmotion Content”), is owned by the Agency or its third-party image partners. The Biosmotion Content and all the elements of the Site are protected by copyright as it is written in the French code of the Propriété littéraire et artistique (Literary and Artistic Property). The brands you can see on the Site Biosmotion are trademarks.


  1. To the terms of this agreement, the notion of “Biosmotion Content” is defined as “every digital medium reproducing photographic images, illustrations, moving images, videos, 3D models, After Effects projects, music, and sounds”

    Biosmotion Content is licensed for two types of licence agreements :

    - Rights-managed licence : The use of Biosmotion Content giving rise to the payment of proportional exploitation rights. The granted licence is limited to the specific medium, to the type and the period of time of the exploitation and to the geographic scope. The Content is non-exclusive; as a consequence Biosmotion can license the same content to other customers. Exclusive licences may be available for rights-managed Content upon payment of an additional licence fee.

    - Royalty-free licence : The use of Biosmotion Content after a unique and lump-sum payment of the exploitation rights. It can be licensed for the legal period of time for the copyrights. The Content can be used :
    - Worldwide without restrictions
    - For an unlimited number of times
    - In print or digital format
    - The Content is non-Exclusive, as a result of which Biosmotion can license the same content to other customers.

  2. Any person (hereinafter referred to as “the Client”) who gains possession, by any means (high or low definition downloading, FTP, email sending etc), of the Biosmotion Content proposed by the Agency, is considered have acknowledge and accepted the present Terms of Use of the Site Biosmotion.

  3. Any use made in violation of these Terms of Use is unlawful.

  4. Biosmotion Content made available to the Client by the Agency is the property of its authors or its assignees; the Client acquires only a right of use in accordance with the type of Licence granted.
    As a consequence, Biosmotion Content can’t be sold but can, only and exclusively, be the subject of a Licence Agreement.

Downloading of Biosmotion Content for comp use on the Site Biosmotion or email, FTP or every other medium sendings.

Any use of Biosmotion Content available on Biosmotion.com without prior licence is prohibited, except for the purpose of making comps or preparatory work, for strictly internal use.
Digital files used in this context must be destroyed after internal use and at the latest within 30 days.

Inform the Agency

Regardless of the way of obtaining Biosmotion Content (downloading, FTP, email sending), the Client undertakes to inform the Agency before any use of Biosmotion Content. Failure to comply with this provision excludes any liability of the Agency for any use that it has not been informed of.

Mandatory mentions

For each Biosmotion Content, the mention of the author of works’s name followed by Biosmotion (Author/Biosmotion) is a legal obligation, whatever the form, the importance or the confidential nature of the use.

As a consequence, the exact and complete mentions of the name of the Author/Biosmotion, indicated Biosmotion and/or accompanying the digital file must appear legibly, on each reproduction, representation, website, social network, film credits, etc.

  1. Non-exclusivity

    Reproduction and/or representation licence is never granted exclusively.
    Exclusivity can only be the result of a specific written agreement and triggers the payment of rights due under exclusivity, distinct from the basic right.

  2. Payment of rights: resolutory condition

    THE AUTHORIZATION TO EXPLOIT BIOSMOTION CONTENT IS GRANTED UNDER THE EXPRESS RESOLUTORY CONDITION OF THE EFFECTIVE PAYMENT OF THE RIGHTS RELATED TO IT.

    AS A CONSEQUENCE, NO USE OF A BIOSMOTION CONTENT CAN BE CARRIED OUT WITHOUT THE PAYMENT OF THE CORRESPONDING RIGHTS.

    OTHERWISE, THE LICENCE WOULD BE AUTOMATICALLY RESOLVED BY RIGHTS AND THE REPRODUCTION OR REPRESENTATION THUS MADE WOULD BE AN INFRINGEMENT OF THE RIGHTS OF THE AGENCY AND OF THE AUTHORS.

Biosmotion “Rights-Managed” Content

Any reproduction and/or representation of Biosmotion Content that does not comply with the terms of the authorization given by the Agency to the Client on the basis of the information provided by the latter, in accordance with the Licence Agreement, is exclusive of any liability of the Agency and, if need be, may give rise to the right to damages.


If the said information is not provided or if it is inaccurate, the Client would have to be liable for any violation of the rights of third parties, because the agency could not be required to guarantee the right of reproduction if all or part of the terms of use have not been – voluntarily or not – brought to its knowledge.
Any new use of Biosmotion Rights-Managed Content must be the subject of a new request for authorization of use and payment of the corresponding rights. Authorization to use is expressly subject to payment of the reproduction and/or representation rights, within the period indicated on the invoice.

Biosmotion “Royalty-Free” Content

The Client does not acquire any property rights on Biosmotion Content, but exclusively the right to use it under its sole responsibility.
The authors have assigned their rights of use (reproduction rights and public implementation rights) on the sold “Royalty-Free” content for any “normally foreseeable” use, subject to respect for the moral right of the author and for any restrictions of use appearing in the specific licences which the content is liable to.

Third-Party rights

Biosmotion Content is assigned without any guarantee as to the rights and obligations arising out of the use of the Content, whether it is about rights relating to individuals, subjects reproduced in photos and videos (in particular the right of publicity, privacy, possibly the right to repent or forget), and/or intangible rights to which movable or immovable property, works and objects of art, or even represented landscapes may give rise.
As a consequence, the Content is used under the sole responsibility of the Client who must ensure that all necessary rights or agreements that may be required for use have been obtained.

On the Biosmotion site, the “MR” mention (Model Release) indicates that the person(s) represented on a photo or video has (have) given his/her (their) consent to the use of his/her (their) image. Without a prior written authorization of the Agency, the Client undertakes not to use the photos or videos for any political, degrading or defamatory use or representation.

On the Biosmotion site, the “PR” mention (Property Release) indicates that the owner of the property or work represented on a photo or video, has given his/her consent to the use of the image of such property or work. Without prior written authorization of the Agency, the Client undertakes not to use the photos or videos for any political, degrading or defamatory use or representation.

Destruction of the “Rights-managed” files after a reproduction and/or a representation

Unless otherwise agreed in writing by the Agency at the instance of the Client, the latter undertakes to destroy the digital files of the Biosmotion “Managed Rights” Content within 10 days after the use for which the Biosmotion Content has been downloaded.

Cancellation

  1. Biosmotion “Rights-Managed” Content

    In the event of cancellation by the Client of the request for authorization to reproduce and/or represent Biosmotion Content after the invoice has been issued, the Client would be liable for a lump sum calculated as follows:

    - if the cancellation occurs within 30 days of the invoice issue: 10% of the amount of the invoice excluding VAT,

    - if the cancellation occurs after the 30th day and up to 60 days from the issue of the invoice: 50% of the amount of the invoice excluding VAT,

    - if the cancellation occurs after the 60th day: 100% of the invoice amount,

  2. Biosmotion “Royalty-Free” Content

    The rights presented in relation to Biosmotion Content are due as soon as it is downloaded in another definition than the comp image.
    No cancellation is possible after downloading or resetting the file to a definition other than the comp image.

Any use of Biosmotion Content that violates the present terms of use will result in the payment of a penalty clause being five times the amount of the initial rights without prejudice to possible damages.
The omission of the credit will give rise to the payment of an amount being twice the amount of the initial rights.

The information you provide on the Site enables the Agency to process and fill your orders. In accordance with article 27 of the French law “Loi Informatique et Libertés” (Law of Freedom for Data-processing) of January the 6th, 1978, the information essential to the Agency, and to its partners, to process and fill the orders, are asterisked on the Site pages. Other requested information, for which the answer is optional, is intended to know the users better and to thus improve the services offered to them, while ensuring their security. Unless you object, the Agency may communicate this optional information that concerns you to its subsidiaries. Unless you object, Biosmotion may send you, by post or e-mail, information enabling you to know and use the Site better, to inform you of the new content published on the Site and, if need be, to give you promotional offers.

Rights of opposition
In accordance with the French law “Loi Informatique et Libertés” (Law of Freedom for Data-processing) and the General Data Protection Regulation (GDPR), you have a right of opposition which can be exerted.

Right of access, modification, rectification and cancellation
In accordance with the French law “Loi Informatique et Libertés” (Law of Freedom for Data-processing) and the General Data Protection Regulation (GDPR), you have a right of access, modification, correction and cancellation of the data which concern you.
You can exercise it: Cookies
Browsing the Site causes cookies to be installed on your computer. They are necessary for you to access the website. You can refuse the installation of the cookies on your computer, but such refusal will stop the access to some services of the Site.

Biosmotion Communication
Users may receive calls or emails from Biosmotion in the following cases: Protection of provided information
Biosmotion and the staff who work on the Site are particularly mindful of the respect of the protection of the information they collect, as they are solicitous about the trust shown by the Client when he/she connects to the Site to search for and purchase content. Under no circumstances could these pieces of information leak out to third parties.

The Agency and the Client expressly declare that they confer jurisdiction on the Courts of Paris, France.

© NDLR 2019

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