Legal notes and privacy | General conditions of use

FAF Toscana - Fondazione Alinari per la Fotografia informs that the licenses for the use of electronic files from its database and/or from the databases represented by FAF Toscana – Fondazione Alinari per la Fotografia, based on specific agreements, are subject to the following general conditions, which define and regulate the content of the licenses themselves unless expressly agreed otherwise in the specific offer. FAF Toscana may carry out activities for the placement of electronic files containing images for third-party use for the purposes of enhancing and promoting the photographic heritage at its disposal.

1) DEFINITIONS:

For the purposes of this contract, the following words and expressions shall have the meaning assigned to each of them below: FAF Toscana and/or Alinari: both names refer to FAF Toscana - Fondazione Alinari per la Fotografia, based at via Farini 8, VAT No. 07046610486; Licensee: the contractual party and/or the subject authorized by Alinari to use the electronic files constituting the Online Database; Online Database: the online data archive comprising a collection, as of today, of approximately 500,000 (five hundred thousand) images (in 480 X 480 pixels format and/or larger sizes) to which the relevant cataloging information (metadata) and other independent elements are associated, systematically and methodically arranged and individually accessible by electronic means, better identified at the internet address www.alinari.it, exclusively available to FAF Toscana and exclusively owned by the Tuscany Region, of which FAF Toscana holds all economic exploitation rights in any form and manner, pursuant to Law No. 633 of April 22, 1941 and subsequent amendments and integrations; Represented Archives: the online databases comprising collections of images, along with the relevant cataloging information and other independent elements, systematically and methodically arranged and individually accessible by electronic means, accessible via links to the internet addresses present on the "Partner" page from the Images menu of the home page www.alinari.it, of which FAF Toscana is the legitimate representative for exercising the activity of granting licenses to third parties. Parties: means jointly Alinari and the Licensee;

2) RIGHTS GRANTED BY ALINARI TO THE LICENSEE IN RELATION TO THE ONLINE DATABASE AND THE REPRESENTED ARCHIVES.

Alinari, in its capacity as the exclusive holder of the economic exploitation rights of the Online Database, as well as a non-exclusive licensee and mandatary of the economic utilization rights on the electronic files contained in the Represented Archives, authorizes the Licensee to use without exclusivity for a single use and without the possibility of granting such right to third parties, the electronic files identified in the offer in the field of paper and digital publishing or in further fields that will be specifically agreed upon between the Parties, in the ways and limits within which Alinari itself can legitimately use and dispose of them, arising from law, the legal qualification of the images, contracts of assignment or license of the same rights, competing rights of third parties, in accordance with the provisions of these general conditions.

3) EXCLUSION OF WARRANTIES BY ALINARI IN RELATION TO THE GOODS AND/OR SUBJECTS DEPICTED.

Alinari does not guarantee the rights that third parties may claim and/or assert in relation to the content (photographed good and/or portrayed subject) of the images that will be subject to authorization. Therefore, all rights that third parties may claim regarding the reproducibility of material and/or immaterial goods (including works of intellect or works of art, distinctive signs, trademarks and/or logos, patents, industrial models and industrial design, names also of legal entities, etc. and/or of the subjects depicted and/or portrayed in the images) are excluded from the licenses granted by Alinari. The Licensee relieves Alinari from any related liability and from any issue that may arise regarding the violation of the aforementioned third-party rights, committing from now on to hold Alinari harmless from any and all detrimental consequences. The Licensee remains solely responsible for assessing the need to request, at its own care and expense, any necessary authorizations from potential third parties holding rights on the depicted goods or the depicted subject(s), or, after their death, from the subject(s) indicated in Article 93 of Law No. 633 of April 22, 1941, to legitimately use said images.

4) ECONOMIC CONDITIONS AND DURATION OF AUTHORIZATION.

The duration, ways, and terms of use of the electronic files, including the economic conditions and payment methods for individual licenses, are established in the offer made by Alinari and accepted by the Licensee. The Licensee, by accepting the offer, even just by paying the fee, irrevocably commits to use the electronic files only for the agreed use and for the agreed period. Alinari assumes no responsibility for the improper or unauthorized use of the images. The request for digital support authorizes Alinari, in case of non-use, to invoice the Licensee the minimum amount of Euro 30.00 + VAT for each electronic file.

5) OBLIGATIONS OF THE LICENSEE.

The Licensee undertakes not to remove and/or delete the indications placed by Alinari next to each of the images subject to authorization and to include the photographic credit provided by Alinari next to the image. The Licensee also undertakes to send to Alinari, in case of editorial use, a copy of the produced supports.

6) TRADEMARK.

The Licensee is prohibited from using and/or allowing the use of the Alinari trademark and/or logo in Italy and worldwide. The authorization to use the electronic files does not include the authorization to use the Alinari trademark and logo.

7) PROHIBITIONS AND WARRANTIES.

7.1) The Licensee shall not authorize third parties to use the electronic files subject to the Alinari license, in any form and/or manner. 7.2) In case of editorial use, the Licensee agrees to transmit the electronic files exclusively to publishing companies limited to the purpose of the pagination work permitted by the object of the authorization. 7.3) The Licensee shall not make copies of the electronic files subject to the authorization granted by Alinari beyond the agreed limits and agrees to destroy, and have destroyed by the companies responsible for pagination work, after the expiration of said authorization, the electronic files themselves, their supports, and any copies even if ephemeral and/or technical; 7.4) The Licensee hereby declares and guarantees, furthermore, that it does not possess any support of any nature containing any image identical to that subject of the authorization granted by Alinari. 7.5) The Licensee agrees not to distort, modify, or rework the images, unless expressly consented in writing by Alinari. 7.6) The Licensee guarantees not to use any image for any form of pornography and/or use contrary to the law and public morality.

8) EXCLUSIVE JURISDICTION.

For any dispute regarding the relationship governed by these general conditions, the Parties agree on the exclusive jurisdiction of the Court of Florence, excluding any other alternative and/or concurrent Court.

9) PROCESSING OF PERSONAL DATA.

FAF Toscana, as the data controller of ordinary or common personal data of individuals who request and obtain authorization to use the electronic files, informs the Licensee that its data is only that strictly necessary for the establishment and/or execution of the contractual relationship and, therefore, personal, identifying, and tax data, email address or telephone contacts, for which FAF Toscana is authorized to process (art. 6, lett. b) and c) EU Regulation No. 679/16). The data is processed to fulfill legal and contractual obligations and to inform it about our activities (exhibitions, events) and will be kept for the period strictly necessary for these purposes. The processing is carried out in full compliance with the principles set out in Article 5 and the conditions of legality set out in Article 6 of EU Regulation 679/16, through IT procedures or otherwise by telematic means or by paper supports, by subjects, internal or external, specifically appointed in relation to the functions exercised. The data controller has adopted appropriate security measures to ensure the compliance of the processing with the reference regulations and the protection of the rights of the data subjects, as provided for by Articles 25 and 32 of EU Regulation No. 679/06. The data subject has the right to request from FAF Toscana access to their personal data or their rectification, deletion, or limitation of data processing or to oppose their processing under Articles 15 et seq. of EU Regulation No. 679/16. To exercise any of the aforementioned rights, the data subject can send a simple motivated request, containing the essential elements for its fulfillment within 30 days from receipt, to the email address faf.toscana@alinari.it. The model is available on the website www.alinari.it. For more information, please refer to the relevant regulations on the website www.garanteprivacy.it.