Terms and Conditions.
The following terms and conditions apply to your access and use of the Otra Vista web site and its content.
Intellectual property right protection.
Most of the elements on this web site, including but not limited to, the general design, text, graphics and images (hereinafter referred to as “the Content”) are protected by copyright or other laws relating to intellectual property. Therefore, they cannot in whole or partly be copied, reproduced, altered, published or distributed via any means without the explicit authorization of the respective right holders.
If your request concerns the use of an image, you shall contact the Baptiste Lignel at this address: email@example.com
If you request concerns the graphics or the programming of this web site, you shall contact the project manager which e-mail is specified on the "Credits" page.
If your request concerns any other element of the web site, you shall contact Baptiste Lignel.
Infringement and Indemnity.
Any unauthorized use of the Content may amount to an infringement of an intellectual property right. Consequently, you will have to indemnify the respective right holder(s) against any resulting losses, expenses, costs or damages.
The images are accessible on the web site in low resolution for visualization purposes only.
If you wish to use, reproduce, alter, publish and/or distribute any Otra Vista image, whether in low or in high resolution, you have to obtain an explicit authorization/license by its originator, the photographer as specified in the caption.
Please refer to the rubric ”FAQ” on this web site, which indicates the various steps to follow in order to obtain such a license.
In principle, all Otra Vista images requested are licensed on a non-transferable, non-exclusive basis. The ownership in the copyright remains vested in the photographer, unless an assignment agreement is signed. The terms and conditions of the license such as the fee, the means of publication, the time frame, the print run, the size of the image, the publication territory shall be agreed on with the photographer.
Once you have achieved an agreement with the photographer on the terms and conditions of the license, you will receive the image via e-mail or post or you will be provided with a specific link and access code.
You are required to pay for all images that you obtain, whether you use them at the end or not.
The specific use of the image, as agreed with the photographer, will be mentioned on the invoice. The image cannot be used for any other purpose without further agreement.
The license fee may vary from image to image and will depend on how the image is going to be used and who is going to use the image. This will be calculated by such factors as the print run, media, the reproduction size, and territory distribution and whether the requested use is exclusive or non-exclusive. Otra vista calculate this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the license.
Cropping and Image Manipulation. Moral rights.
Images shall not be altered, cropped or manipulated in any form without specific permission from the photographer. The right to alter the image is a moral right which remains vested in the photographer even after the grant of a licence to reproduce and/or publish the image.
All images shall be reproduced with or in the spirit of the accompanying caption. If there is any doubt, an endorsement by the photographer should be sought before publication.
The photographer should be credited with any reproduction of their images. The credit line, accompanying each reproduction of the image, should read ©photographer's name/Otra Vista and be placed preferably adjacent to the image or in the acknowledgements or credits section. Any omission may amount to an infringement of the photographer’s right of paternity in the image.
At least one copy of any publication medium reproducing an image shall be provided upon publication to the Otra Vista photographer.
A wide range of Otra Vista’s images are of a documentary nature. This style of photography does not lend itself to the obtaining of model releases or other releases. The licensee is responsible for clearing all necessary permissions from third parties. The licensee shall indemnify and hold Otra Vista harmless against any third party claims in this respect.
The licensee will also indemnify and hold Otra Vista/photographer harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) linked to any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. Otra Vista's liability for all claims shall not exceed in any event the total amount invoiced per particular image.
Images with model releases have that specified in their captions.
Otra Vista does not sell or rent information about its customers to any third parties. All information supplied to Otra Vista, including your email address and telephone number, is used for internal purposes only, in order to keep you updated with the latest news, promotions, and updated web site information if you wish.
Otra Vista will periodically send newsletters via email regarding new features, images, exhibitions or web site information that may be of interest to you if you have check the related box. If you do not wish to receive these emails, although you have check the box, please reply to the sender and you will be removed from future lists.
For French users: The Web Site Otra Vista has registered under the number 1078455 at CNIL.