Access

The Media library is intended to enable Authorized Users of the companies of the Rexel Group (the “Affiliate(s)”) to have access in a more practical way to the electronic files containing graphics, photos and videos (the “Content”) that can be used within the context of their publications, on a complimentary basis by Rexel.

Affiliate(s): means any entity, actual or future, which directly or indirectly controls or is controlled by Rexel S.A., pursuant to article 233-3 of French Code of commerce.

Rexel: means Rexel Développement SAS, a company registered under the laws of France, registered in the Trade and Companies Register of Paris, under number 480 172 840, having its registered head office in 13 boulevard du fort de Vaux, 75017 Paris, France, represented by Mr Patrick Berard, CEO of Rexel S.A., itself President of Rexel Development SAS.

Authorised Users therefore shall be: members and representatives of the Affiliate(s) and/or service providers of the aforesaid Affiliate (communication agencies, etc), the latter only being able to have access to the Media library with the prior written agreement of the Affiliate through provision of access code by Rexel and only within the context of the service provision entrusted to it.

Rights of use

The Content contained in this Media library are not free of rights and are protected, in particular, with regard to copyright such as set out in the French Code of Intellectual Property.

Rights of use are licensed as follows:

• Right of reproduction:
  comprises right to set up the Content on any support and through any means enabling to publish and/or communicate the Content to the public for the intended and allowed use.
• Right of representation:
  comprises the right to disclose the Content to the public, by any means of representation, through any media for the intended and allowed use.

The Content in the photo library is intended for the following uses:

• for internal communication (publications intended for employees) or for external communication (publications intended for customers, service providers etc)
• for “corporate” communication (general presentations of the company) or commercial communication (catalogues, e-commerce sites)
• on the following media: paper publications (newspapers, brochures, catalogues, posters, promotional material, invitations), electronic publications (PowerPoint presentations, internet and intranet sites) or audio-visual (films)

The following uses are strictly forbidden, unless duly authorized by Rexel:

• for an advertising context (i.e. publication in professional media or intended for the general public – newspapers, posters, television – where advertising space is purchased) which is strictly forbidden. It shall be understood that this prohibition is not intended for the “consumer magazines” published by the Group.
• against any commercial or financial compensation;
• sub-licensing use or sub-authorisation of use.

Proof of use

The user shall accept fully and entirely these general terms & conditions of use and undertakes to respect them and use the Content in accordance with the author’s copyright and the right to the image of the photographed property or persons, and in particular the duration and territory for which the Content may be used.

Any transfer to another medium, to another publication, to another database or to a third party are forbidden except with the specific and prior authorisation of Rexel.

Use must, without fail, mention the source of the Content, i.e.: Rexel Media Library – Name of the photographer/director – Name of the photographer’s agency (if it exists).

No Content may be modified, in any way, without prior agreement. Only cropping is allowed for the requirements of page layout.

As each photo is liable to having particular restrictions being placed on its use, each user must check in the photo references the rights associated with it (author’s copyright, rights of the photographed persons or those of the owners of photographed works) and respect these restrictions.

Authorities

Moreover, please be extremely careful to respect the aforesaid precautionary measures. We remind you that any person making prohibited use of the Content is subject to civil and/or criminal penalties for the offence of counterfeiting.

Authorised User(s) may not make the Content available in a manner intended to allow or invite a third party to download, extract, redistribute or access the Content as a standalone file.

Trademarks

In connection with the use of "Rexel" or any other of Rexel's Affiliate trade names, trademarks, logos or service marks, including the names of all Content collections ("Marks"), Authorised User(s) acknowledges and agrees that (i) such Marks are and shall remain the sole property of Rexel or its partners; (ii) except as expressly required in order to satisfy the credit obligations under this Agreement, nothing shall confer upon Authorised User(s) any right of use in or to the Marks; and (iii) Authorised User(s) shall not now or in the future contest the validity of the Marks.

Notice of Violations

Authorised User(s) will immediately notify Rexel if it becomes aware or suspects that any third party that has gained access to the Content through Authorised User(s) is wrongfully using the Content, in whole or in part, or is violating any of Rexel' intellectual property rights, including, but not limited to, Marks and copyrights.

Warranty

Rexel warrants that: Authorised User(s)'s use of the Content in accordance with this Agreement and in the form delivered by Rexel (i.e., excluding any modifications, overlays or re-focusing by Authorised User(s)) will not infringe on any copyrights, trademarks or other intellectual property rights or moral rights of any person or entity;

Limitation of Liability

To the extent permitted by applicable law, Rexel does not make any other warranties, express or implied, regarding the content, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Rexel shall not be liable to Authorised User(s) or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of these terms and conditions of use.

Indemnification

Authorised User(s) shall, subject to the present terms, defend, indemnify and hold harmless Rexel and its parent, subsidiary, commonly owned or controlled affiliates, from all damages, liabilities and expenses, arising out of or as a result of claims by Rexel and/or third parties relating to Authorised User(s)'s use of any Content outside the scope of these terms and conditions of use.

The party seeking indemnification shall promptly notify the other party of such claim. At indemnifying party's discretion, indemnifying party may assume the handling, settlement or defence of any claim or litigation, in which event indemnified party shall co-operate in the defence of any such claim or litigation as may be reasonably requested by indemnifying party.

Unless amicable resolution, any litigation arising out of the performance of these terms and conditions of use shall be solely submitted to the competent court of Paris, France.

The Authorised User acknowledges having read the information and conditions of use relating to graphical, photographic and video media contained on the site.