FAF Tuscany - Fondazione Alinari per la Fotografia informs that the licence of use of electronic files from its own databank and /or databanks represented by FAF Tuscany - Fondazione Alinari per la Fotografia , as provided by specific agreements is subject to the following general conditions , which define and regulate the content of the licence itself except for what is explicitly agreed upon in the relevant offer. FAF Tuscany is entitled to transfer electronic files containing images for third parties’s use with the aim of valorizing and promoting the photographic heritage it owns.
For the purpose of the present contract the following terms and expressions will have the meaning given to each one of them as below:
FAF Toscana e/o Alinari: both denominations refer to FAF Toscana - Fondazione Alinari per la Fotografia, based in via Farini 8, VAT: 07046610486;
Licensee: the contracting party and/or the subject authorized by Alinari to use the electronic files contained in the On-line Databank;
On-line Databank: the on-line digital archive containing the collection of about 500.000 (five hundred thousand) images so far (480 x 480 pixel and/or more) with relevant catalogue information (metadata) , as well as other independent elements systematically and methodically arranged and individually accessible by electronic devices, better identified at www.alinari.it, as exclusively available to FAF Tuscany and of exclusive property of the Tuscany Region , being FAF Tuscany the holder of all rights of economic exploitation in every form and mode, in compliance with Law n.633 of April 22, 1941 and subsequent amendments and integrations.
Represented Archives: the on-line databanks containing the collections of images and their relevant catalogue information (metadata) and other independent elements, systematically and methodically arranged and individually accessible by electronic devices clicking on the links to Internet addresses to be found at www.alinari.it , being FAF Tuscany the legitimate agent for the granting of licences of use to third parties.
Parties: meaning Alinari and the Licensee jointly.
2) RIGHTS GRANTED BY ALINARI TO THE LICENSEE REGARDING THE ON-LINE DATA BANK AND THE REPRESENTED ARCHIVES
Alinari, as the exclusive holder of the rights of economic exploitation of the On-Line Databank, as well as non exclusive licensee and mandatee of the rights of economic exploitation of the electronic files contained in the Represented Archives, authorizes the Licensee to use - without exclusive right, for one use only and without the possibility of licensing the right to third parties - the electronic files identified in the offer in the domain of paper and digital publishing or in any other domain specifically agreed upon by the Parties, in the same ways and within the same limits Alinari itself can legitimately use them, originating from law, from the legal qualification of the images, from the cession or licence contracts of the rights, from the competing rights of third parties, in compliance with the terms of these general conditions.
3) DISCLAIMER OF GUARANTEES BY ALINARI REGARDING REPRESENTED ITEMS AND/OR SUBJECTS
Alinari does not guarantee any right that third parties may claim and /or exert regarding the content (photographed item and /or portrait) of the images that will make the object of the licence. Therefore , the licence granted by Alinari does not contain any right that third parties may claim regarding the reproducibility of material and /or immaterial goods (including intellectual works or works of art, distinctive marks, brands and/or logos, patents, industrial and design patterns, names including those of legal persons etc. and /or of the subjects represented and/or portrayed in the pictures). The Licensee relieves Alinari of any responsibility and any issue that might derive from the infringement of the above mentioned third parties' rights, pledging as of now to keep Alinari undamaged by any detrimental consequence. The Licensee remains the only party in charge of evaluating the need to request, bearing all relevant costs, third parties holding rights over the items represented or the subject/s represented, after his/her/their death, and the subject/s indicated by art. 93 of Law n. 633 of April 22, 1941, the licence to legitimately use such images, whenever necessary.
4) ECONOMIC CONDITIONS AND DURATION OF THE LICENCE
Alinari is entitled to invoice the Licensee with the minimum amount of 30,00€ + VAT for each electronic file requested, in case of non-use.
5) LICENSEE'S OBLIGATIONS
The Licensee pledges not to delete and /or annul the indications placed by Alinari next to each image that makes the object of the licence and to show the photographic credit provided by Alinari beside the image. Furthermore, in case of publishing use, the Licensee pledges to send Alinari a copy of the support produced.
The Licensee is forbidden to use and/or let others use the Alinari logo and/or brand in Italy and abroad. The licence to use the electronic files does not give licence to use the Alinari logo and brand.
7) PROHIBITIONS AND GUARANTEES
7.1) The Licensee cannot authorize third parties to use the electronic files making the object of the Alinari licence in any form and/or mode.
7.2) In case of use for publishing, the Licensee pledges to transfer the electronic files exclusively to the publishing companies and only for the purpose of page layout allowed by the licence.
7.3) The Licensee cannot make copies of the electronic files making the object of the licence granted by Alinari beyond the limits agreed upon and pledges to destroy and make the companies in charge of page layout destroy the electronic files, their supports and any copy even if ephemeral and/or technical, at the licence expiry-date.
7.4) The Licensee as of now declares and guarantees that it does not own any support of any nature containing images identical to those making the object of the licence granted by Alinari.
7.5) The Licensee pledges not to deform, alter or process the images, unless explicit written consent given by Alinari.
7.6) The Licensee pledges not to use any image for any form of pornography and/or any other use against law and public morality.
8) EXCLUSIVE JURISDICTION
For any dispute regarding the agreement regulated by these general conditions , the Parties agree upon the exclusive jurisdiction of the Court of Florence , excluding any other alternative and/or competing Court.
9) PROCESSING OF PERSONAL DATA
FAF Tuscany in charge of handling the personal data of physical persons asking for and obtaining the authorization to use the electronic files, informs the Licensee that such data is limited to what is strictly needed to define and/or carry out the agreement , that is personal and tax data , e-mail address or telephone numbers which FAF Tuscany is authorized to process (art. 6 , comma B) and c) EU Directive n.679/16). Data is processed to fulfill the regulatory and contractual obligations and to inform about our activities (exhibitions, events) and will be stored for the time strictly necessary for such purposes. Data Processing is in full compliance with the principles provided for by art. 5 and with the conditions provided for by art. 6 of the EU Directive 679/16, and is carried out through computer procedures or devices or paper supports , by specific subjects , either internal or external, in the position of doing so. All security measures have been adopted to guarantee the compliance of data processing with the reference Directive and the safeguard of stakeholders’ interests provided for by article 25 and 32 of the EU Directive n.679/06. Anyone providing one’s personal data is entitled to request FAF Tuscany the access to such personal data or its modification , deletion or to limit or refuse its handling as provided for by article 15 sqq. of EU Directive n.679/16. To exert any of the above listed rights the stakeholder should send a motivated request, containing the essential elements to be sorted through within 30 days from its reception, to: email@example.com. The form is available at www.alinari.it. For more info, please refer to the relevant regulations at www.garanteprivacy.it.