General terms and conditions of use for IÉSEG’s media center

Last updated on: 17 January 2019

The viewing and use of images, videos and other data provided by IÉSEG on its website https://media-centre.ieseg.fr implies full and unconditional acceptance of these terms and conditions:

These general terms and conditions of use are expressly subject to the provisions of the Intellectual Property Code.

Access to the data is reserved for people whose purpose is to promote and develop the School.

Photographs, videos and other documents obtained through the media centre may not, under any circumstances, be used for commercial purposes (the user agrees not to use the media in paid media marketed to the public, such as, in particular, but not limited to, advertisements, books, guides, leaflets, postcards, posters, T-shirts, etc.).

In the context of the T&C the following terms have the following definitions:

"Account": refers to an account created by a User after completing the profile and having it validated by the IÉSEG Communication Department, as indicated in the T&C, for use of the Media Centre under the conditions described in these T&C.

"Content": refers to any data, information and/or content of any kind accessible on the Media Centre, i.e., without this list being exhaustive, all text, images, photographs, audio files, video files, graphics and works accessible on the Media Centre.

"Username" and "Password": these designate the username and password chosen by the User at the time of registering for the Media Centre and which are required for the User to access his/her Account and to use certain elements of the Media Centre’s Content, under the conditions described in these T&C. The username will be the email address provided by the User. The Password is confidential and chosen by the User.

"Media Centre": refers to the online media centre operated by IÉSEG and accessible at the following address: https://media-centre.ieseg.fr through which the IÉSEG Communication department provides content to Users under the conditions provided for in these T&C.

"User": refers to any person accessing the Media Centre, whether they have created an Account (access to services reserved by Username and Password) or not.

All Users can access the Media Centre free of charge.

Users may access the Media Centre and certain elements of the Content, as determined by IÉSEG’S Communication Department, without creating an Account, or access other elements of the Content, as determined by the Communication Department, by creating an Account beforehand, under the following conditions:

All Users accessing the Media Centre without an Account may view the Content of the "Photos: free access" space, for personal use, which includes a limited and previously defined selection of photographs, chosen by IÉSEG’S Communication Department. 

With the exception of the right to view the Content of the "Photos: free access" space for personal use as indicated above, no other rights are granted to Users accessing the Media Centre without creating a Account, in particular, without this list being exhaustive, rights of exploitation, reproduction and downloading, for any purpose whatsoever, are not granted to this User.

Users wishing to have more extensive access, under the following conditions, to the Content of the Media Centre, must create an Account. To do this the User must apply for registration using the "Sign up" tab and fill in all fields of the form provided for this purpose. Accounts are only created after approval of the sign-up request by the IÉSEG Communication Department.

IÉSEG's Communication Department reserves the right to refuse requests for registration without giving reasons and with or without notifying the User of such.

There are different categories of User, as listed below, when it comes to creating an Account: 

• Other: Users who do not fall into one of the other User Categories below.
• IÉSEG STAFF: any member of the permanent academic or administrative staff.
• IÉSEG / Communication: any member of the Communication Department.
• IÉSEG / Students: students at IÉSEG.
• Press: anyone working for a news organization.

When creating an Account the User must enter their category.

The extent of the rights granted to the User over the Content will vary according to the category to which the User belongs, after creating their Account as specified below.

If the IÉSEG Communication Department approves the User's registration request, this User’s account will be created and the User will receive an e-mail confirming their registration and which will allow them to access the Content in question, depending on the User category to which they belong, through the Media Centre.

The Communication Department reserves the right to close any Account when the information provided by the User appears to be erroneous, incorrect or out of date.

Usernames and Passwords are personal to each User. In order to protect the confidentiality of Usernames and Passwords, the User agrees not to transmit, for any reason whatsoever, to any third party, their Username or Password, and agrees to notify the Communication Department immediately in the event of proven or suspected loss and/or theft of the same.

In the event that the user loses his or her password, they should click on the "Forgotten password" link. The password will then be sent by email to the address entered as the ID as soon as possible.

Users are free to change their information at any time in the "My Account" section.

Users are solely responsible for all the information entered in profiles when creating Accounts.

Users remain solely responsible for any damages likely to be suffered or caused due to inaccurate, incomplete and/or misleading information provided when creating an Account or by failing to update the information.

IÉSEG cannot be held liable in this respect.

User Obligations

The User agrees to use the Media Centre, including the Content, in accordance with these Terms and Conditions, as well as any applicable laws and regulations, and respecting the rights of all third parties.

Rights granted on the Content

IÉSEG and its Communication Department reserve their rights over the Content. The User acquires no rights over the Content and/or the Media Centre, except for those expressly granted in these T&C.

In particular, the rights of downloading and/or viewing are granted to the User, when they have been identified in the application form for creating an account and/or downloading content, solely for their personal/professional use, except with the prior written agreement of the Communication Department.                  In particular, Users are prohibited from providing Content that they have viewed and/or downloaded to third parties, except with the prior written consent of the Communication Department.

In the event that the Communication Department authorizes (in writing) the User to use all or part of the Downloaded Content for purposes other than personal/professional use, the User agrees to state, in all cases, in text which is visible, apparent and contiguous with the Content in question, the credits "IÉSEG" and the name of the author of the Content element in question, in the following form: "© photographer's name / IÉSEG".

When known, the author is named in the explanatory note of the Content element in question. Regarding orphan elements, the text "All rights reserved" must be included and the User undertakes to transcribe this statement in text which is visible, apparent and contiguous to the element of the Content in question, for any use of the Content element in question which has been previously authorized by the Communication Department.

The User agrees not to misrepresent or damage the integrity of the Content to which he/she has access and is also prohibited from using all or part of said Content in a context that may harm IÉSEG and/or the authors and/or persons associated with this Content (among others).

Modifications of any nature whatsoever, including reframing or colouring of the Content, are prohibited, except with prior written agreement from the Communication Department (send your application to mediatheque@ieseg.com).

Rights over the Content

As the Media Centre aims to maintain and enhance IÉSEG’s image, its Content is provided to Users solely for the purposes of promotion, illustration, and information.

If a User considers that an element of the Content infringes his or her intellectual property rights or image rights, it is their responsibility to inform the Communication Department of:

- The identity of the work in question.

- Their contact details, including address, phone number and email address if an individual; the company name, registered office and the name and contact information of the representative, if a company.

- A statement that the information contained in the notification is accurate and correct, and that the User owns the copyright or image right in question, or that he/she is authorized to act on behalf of the owner of the copyright in question.

IÉSEG undertakes to immediately remove from the Media Centre and/or to render inaccessible, any part of the Content that infringes the copyright and/or image rights of a person, as notified in accordance with the procedure described above.

Rights over the Media Centre

The Media Centre and each of its components, including but not limited to texts, images, videos, images, photographs, trademarks, databases, logos, domain names, are the exclusive property of IÉSEG or its partners.

IÉSEG only grants the User a right of representation over the Media Centre and/or the elements that comprise it, for the exclusive purposes of access to and use of the Media Centre by the User.

Given the limitations of the Internet, IÉSEG can not exclude that access to and operation of the Media Centre are interrupted or free of errors, particularly in the event of a malfunction in the User's equipment, in the Internet, or other malfunctions.

The User expressly recognizes that IÉSEG can under no circumstances be held liable, in any capacity whatsoever, for direct and/or indirect damages resulting from viruses, fraudulent intrusion by a third party, loss of data and/or applications, connection interruptions, server failures, electrical problems, Media Centre access times, difficulties encountered by the User when logged in, viewing and/or downloading content, inaccuracies, indexing errors, delays in logging in and/or other anomalies (non-exhaustive list).

Furthermore, Users must ensure that the technical specifications of the hardware and software they are using are able to provide access to the Media Centre, and they must take all appropriate measures to protect themselves from possible contamination by viruses.

The User understands and agrees that the access and/or use of the Media Centre are provided "as is". As such, IÉSEG gives no guarantees as to the adequacy of the Media Centre or its Content to the needs of the User, the User being solely responsible for ensuring that use of the Media Centre and its Content is consistent with their needs.

Moreover, IÉSEG gives no guarantee of continuation of the Media Centre and reserves the right, at any time, without notice, warning or compensation, to temporarily or permanently suspend access to the Media Centre for any reason it sees fit, and to make any changes or improvements to the Media Centre, at any time, without notice or warning.

Duration

These T&C are agreed for an indefinite period from their acceptance by the User.

Termination

The User may terminate these Terms and Conditions at any time and without notice by deleting his/her Account and/or stopping use of the Media Centre.

In the event that a user fails to comply with one or more of the obligations included in these Terms and Conditions, and without prejudice to any civil and/or criminal penalties resulting from an infringement of the rights of third parties that the User may incur, IÉSEG reserves the right to immediately terminate, by operation of law and without prior notice, these Terms and Conditions with the User and, subsequently, to remove the User's access to the Media Centre, including the immediate suspension or closure of their Account, and to prevent access to the User in question without prejudice to any damages which IÉSEG may claim.

UPDATES AND CHANGES TO THE T&C

IÉSEG reserves the right to modify all or part of these T&C at any time and without notice.

In this event, IÉSEG will notify the User of all changes made to these T&C as soon as they are posted in the Media Centre, either by email or via the Media Centre.

In the event of refusal to adhere to the new T&C, the User has a period of twenty-four (24) hours from the date of notification to notify the Communication Department by email (mediatheque@ieseg.fr).

In the event that the User has not informed the Department of their refusal within the aforementioned deadline, they will be deemed to have accepted the modifications and use of the Multimedia Library by the User will be governed by the new T&C.

In accordance with law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, amended (the "Data Protection Act"), the User is informed that IÉSEG processes the their personal data, in particular when creating an Account.

This data includes, but is not limited to, the User's surname, first name and email address.

These data are intended to enable IÉSEG to administrate the Accounts of the Media Centre and are also used for statistical purposes. The information collected is neither resold nor communicated to third parties.

In accordance with the provisions of the Data Protection Act, the User has the right to access, modify, rectify and delete personal data concerning him.

The User may also object to processing for legitimate reasons.

To exercise his/her rights, the User can contact IÉSEG by filling in the form provided in the "Contact Us" section, or at the following address:

IÉSEG

Service communication
3 rue de la Digue
59000 Lille

By sending a request to one of the addresses above, the User may refuse and/or unsubscribe from marketing campaigns conducted by IÉSEG. Furthermore, the User expressly authorizes IÉSEG to use this information for the purposes of statistical studies.

The General Data Protection Regulation (GDPR) is a new European-wide regulation which entered into force on 25 May 2018. Personal data refers to "any information relating to a natural or identifiable individual".                         An "identifiable natural person" is deemed to be any "natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more elements specific to their physical, physiological, genetic, mental, economic, cultural or social identity”.

Personal data that Users are required to provide to IÉSEG on the Media Centre’s website to respond to inquiries or in connection with opening an account will be collected and processed in a fair and lawful manner and will only be used for the management of the Media Centre.

Users are therefore entitled to download or delete their personal data at any time, IÉSEG then being obliged to delete all data concerning them. To do this, the user can go to the "My Account" section which is available after logging in.

In order for the Website and the Media Centre to function correctly, cookies are placed on the User's computer when logging in to the Media Centre. Cookies record information relating to browsing (pages visited, date and time visited, etc.) and the identity of the Users.

Users may, however, configure their browser software to prevent the use of cookies.

These T&C are governed by French law.

The reference language for the interpretation of the texts, the Content and these T&C, is French.

In the event of a dispute involving the interpretation, execution or termination of these T&C for which an amicable settlement with IÉSEG cannot be found, the latter will be put before the competent courts.

If any provision of these T&C is deemed invalid, void or unenforceable, for whatever reason, this provision will be deemed to be severable and shall not affect the validity and effect of the remaining provisions.

The fact that IÉSEG does not take action in the event of a breach by the User of one of the provisions of these T&C shall not affect IÉSEG’s rights and recourse in other situations where the User has breached his/her obligations under these T&C.

These general terms and conditions of use have been examined and approved by a lawyer specializing in intellectual property law.