GENERAL TERMS AND CONDITIONS OF USE OF THE MGM GROUP MEDIA LIBRARY
PREAMBLE
The purpose of the MGM Group Media Library, available online at the following address: http://mediatheque.mgm-groupe.com/ is to contribute towards safeguarding and promoting MGM Group media to offer users the opportunity to discover the Group’s history and projects.
The General Terms and Conditions of Use hereof ("GTCU") are intended to define the terms and conditions of use of the Media Library by the User (as defined hereinafter) and are concluded between MGM Group and the User.
By accepting the GTCU hereof, Users acknowledge they are subject to and accept to comply with their full terms and conditions.
MEDIA LIBRARY ACCESS
Users have free access to the Media Library.
Access by creating an Account
To access the MGM Group Media Library, a User must first create an Account. To do this, the User must make a registration request via the "Registration" tab or via "I would like to register" by filling in all compulsory fields in the online form. An Account will only be deemed created when MGM Group confirms the registration request concerned. MGM Group reserves the right to refuse registration requests without having to justify their decision and without having to notify the User concerned of such a decision.
Various categories of Users exist when creating an Account, as listed hereinafter:
- Agent and partner;
- Tourist Office;
- Press;
- Tour Operator;
- Other.
When a User creates an Account, they must specify the relevant User category.
Content permissions granted to the User depend on User category specified when creating an Account.
If MGM Group confirms a User’s registration request, this User’s Account will be created and the User will receive a confirmation by email. The User may then access the Content concerned, via the Media Library and according to the User category they belong to.
MGM Group reserves the right to close any Account in the event that the information provided by the User concerned appears to be inaccurate, incorrect or expired.
ACCOUNT INFORMATION
The Login (username) and Password are personal for the User concerned.
To ensure the Login and Password remain confidential, the User agrees not to disclose their Login and/or Password to any third party for any reason whatsoever and agrees to inform MGM Group immediately in the event of proven or suspected loss and/or theft of the aforementioned.
In the event that the User forgets/loses their Password, they should click the "Password forgotten" link. Their Password will be transmitted by email to the address provided for the Login as quickly as possible.
Users may modify their details at any time by clicking the "My Account" section.
The User is solely responsible for the information they provide for their profile when creating their Account.
The User is solely responsible for any liabilities which they may suffer or which they may cause if information which they provide when creating an Account is inaccurate, incomplete and/or misleading or which is not updated when required.
MGM Group cannot be held liable in this respect.
USER OBLIGATIONS
The User agrees to use the Media Library, including its Content, pursuant to the GTCU hereof and to any applicable law and/or regulation and in compliance with third-party rights.
Content rights granted
MGM Group retains all Content rights. The User acquires no Content or Media Library right apart from those which are expressly granted in the GTCU hereof.
In particular, downloading and/or viewing rights are granted on a professional basis to the User, identified via the Account creation and/or download request form, exclusively for professional use, unless MGM Group has otherwise agreed and given its prior, written consent. The User is, in particular, prohibited from making any Content which they have viewed and/or downloaded available to third parties and from using this Content for non-professional purposes, unless MGM Group has otherwise agreed and given its prior, written consent.
In the event that MGM Group has given its prior, written consent to the User to use all or part of the downloaded Content for non-professional purposes, the User agrees to mention, in any event, the credits and the name of the author of the Content element concerned, in clearly-visible characters, joined to the Content element concerned, as follows: "© photographer’s name / Groupe MGM"
Each photo is subject to an end-of-rights date mentioned in the caption. It is strictly prohibited to use these photos after the end date.
Image use is strictly reserved for MGM Group promotion.
The User must provide MGM Group with two supporting documents upon publication.
In the event of electronic use, the User will provide the address of the website where the photos are published or a supporting screenshot.
Creating a hyperlink to https://www.mgm-hotels-residences.com/ for the tourism part and https://www.mgm-constructeur.com/ for the real estate part
In the event that the User intends to use the photos from the Photo Library on another website, they must include a hyperlink on the website concerned which will redirect website visitors to the MGM Group website homepage, i.e. https://www.mgm-hotels-residences.com/ for the tourism part and https://www.mgm-constructeur.com/ for the real estate part so that visitors may have access to detailed information about MGM Group.
In the event that the name of the author is known, it must be mentioned in the explanatory note accompanying the Content element concerned. If the element is orphan status, the wording "All rights reserved" and/or "Author unknown" must be mentioned and the User agrees to insert this wording in clearly-visible characters, joined to the Content element concerned for all use for which MGM Group has given its prior, written consent for the Content element concerned.
The User agrees not to misinterpret or compromise the integrity of the Content to which they have access and also refrains from exploiting all or part of this Content in any context which could compromise in particular (but not only) MGM Group and/or the authors and/or parties associated with this Content.
Any modification of any type, including Content cropping/reframing or colourization is prohibited unless MGM Group has given its prior, written consent to do so.
Supporting publication documents
In the calendar month following the publication of a Content element, for which MGM Group has given its prior, written consent to a User from the Press/Media category to use, the User agrees to transmit supporting publication documents for the publication concerned to MGM Group in writing.
INTELLECTUAL PROPERTY
Content rights
In the event that a User deems that a Content element compromises their intellectual property or image rights, the User concerned should inform MGM Group by:
- Identifying the work concerned;
- Specifying their contact details, including address, telephone number and email address if the User is a natural person; their company name, head office address, name and contact details of the company representative if the User is a legal person;
- A declaration mentioning that the information contained in the notification is precise and accurate, and that the User is the copyright holder for the element or image concerned, or that they are authorized to act on behalf of the copyright holder concerned.
MGM Group agrees to remove immediately from the Media Library and/or to render inaccessible any part of Content which could compromise a natural or legal person’s copyrights, as notified to MGM Group pursuant to the procedure here above.
Media Library rights
The Media Library and each element comprised within, in particular but not limited to, texts, images, videos, photos and logos are the exclusive property of MGM Group or of its partners.
MGM Group grants the User only a performance right for the Media Library and/or elements comprised within exclusively for the purpose of access to and use of the Media Library by the User.
LIABILITIES AND EXCLUSIONS
Given Internet-related limits, MGM Group cannot exclude that Media Library access and/or working may be interrupted or free from error, in particular in the event of User equipment malfunction, Internet network malfunction, or other.
The User expressly acknowledges that MGM Group cannot be held liable, for any reason whatsoever, for any direct and/or indirect damage caused by a virus, fraudulent intrusion by a third party, loss of data and/or programme, connection interruption, server outage, electrical problem, Media Library access time, issues encountered by the User during their connection, their consultation and/or downloading, inaccuracy, indexing error, online publication delay and/or any other anomaly (but not limited to).
Moreover, it is the User’s responsibility to ensure that the technical characteristics of the hardware and software that they use enable them to access the Media Library under sound conditions, and to take any measures required to be protected from contamination by possible viruses.
WARRANTY EXCLUSIONS
The User understands and accepts that access to and/or use of the Media Library is/are granted "as is". As such, MGM Group makes no warranty as to the suitability of the Media Library, or of Content, to the User’s needs, and the User is solely responsible for ensuring that their use of the Media Library and Content complies with their needs.
Furthermore, MGM Group makes no warranty as to Media Library continuity and reserves the right at any time, without notice or formal notice, and without compensation, to temporarily or permanently suspend access to the Media Library for any reason whatsoever, and to make modifications and/or improvements, which it deems necessary, to the media Library at any time, without notice or formal notice.
DURATION AND TERMINATION
Duration
The GTCU hereof are concluded for an unlimited period as of the date they are accepted by the User.
Termination
The User may terminate the GTCU hereof at any time, without notice, by deleting their Account and/or by discontinuing their use of the Media Library.
In the event that a User fails to comply with one or several obligations of the GTCU hereof and without prejudice to eventual civil and/or criminal sanctions applicable as a result of third-party rights which this User may be exposed to, MGM Group reserves the right to terminate immediately, ipso jure, without prior formal notice, the GTCU hereof concluded with the User and, consequently, exclude this User’s access to the Media Library, and immediately suspend or close their Account and prevent the User concerned from accessing it, without prejudice to any damages which MGM Group may claim.
GTCU UPDATE AND EVOLUTION
MGM Group reserves the possibility to modify all or part of the GTCU hereof at any time without notice.
In such a case, MGM Group will inform the User of the modifications made to the GTCU hereof as soon as they are published online on the Media Library, by email or directly via the Media Library.
In the event that the User refuses to accept the new GTCU, they have a period of twenty-four (24) hours as of the notification date to inform MGM Group by email.
In the event that the User does not inform MGM Group of their disagreement within the specified aforementioned timeframe, they will be deemed to have accepted the modifications and any use the User makes of the Media Library will be governed by the new GTCU.
PERSONAL DATA AND COOKIES
Personal Data
Pursuant to French Act n° 78-17 of 6 January 1978 on information technology, files and privacy amended (French Data Protection Act (Loi Informatique et Libertés)), the User is informed that MGM Group processes the User’s personal data, in particular when the User creates their Account.
This data includes in particular the User’s first names, last names, age and email address.
This data is designed to ensure MGM Group can administer Media Library Accounts and is also used for statistical purposes and for sending newsletters. The data collected in not resold or transmitted to third parties.
Pursuant to the provisions of the French Data Protection Act (Loi Informatique et Libertés), the User has the right to access, modify, correct and delete personal data.
The User also has the right to object to this processing for legitimate reasons.
To exercise their rights, the User may contact MGM Group by completing the form available under the "Contact Us" section.
Furthermore, the User expressly allows MGM Group to use this data for statistical study purposes.
GENERAL DATA PROTECTION REGULATION (GDPR)
The General Data Protection Regulation (GDPR), the new European regulation took effect on 25 May 2018. Personal data refers to "any information relating to an identified or identifiable natural person ('data subject')". "[A]n identifiable natural person is one 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 factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person".
The personal data which the User may be requested to provide MGM Group with via the Media Library website to meet informational requirements for opening/creating an Account will be collected and processed fairly and lawfully and will only be used for managing the Media Library.
A User has the right, as such, to download or delete their personal data at any time if they so wish; in this case MGM Group is also required to delete all data concerning the User. The User may do this via the "My Account" section once they have logged on to their Media Library Account.
Cookies
To ensure the Media Library website works correctly, cookies are installed on the User’s computer when the latter logs on to the Media Library. Cookies are used to store browser (pages viewed, viewing date and time, etc.) and User identification information.
Notwithstanding, the User has the right to oppose cookie use by changing their browser settings.
APPLICABLE LAW, CONTRACT LANGUAGE, COMPETENT COURT
The GTCU hereof are governed by French law.
The reference language for interpreting the texts, Content and GTCU hereof is French.
In the event of dispute concerning interpretation, performance and/or termination of the GTCU hereof which cannot be settled amicably with MGM Group, the dispute will be submitted to competent jurisdictions for hearing.
MISCELLANEOUS
Severability
In the event that any of the provisions of the GTCU hereof is deemed invalid, void or inapplicable, irrespective of the reason, the provision concerned will be deemed severable and will not impact the validity and effectiveness of the remaining provisions.
Waiver
In the event that MGM Group does not take action for User non-compliance with a provision of the GTCU hereof, this does not affect MGM Group’s rights and remedies for any other situation where the User does not perform their obligations set forth under the GTCU hereof.
OUR CONTACT DETAILS
Should you require further information, please feel free to contact MGM Group Communication team from Monday to Friday from 8:30am to 12pm and from 2pm to 5:30pm:
By phone: +33 (0)4 50 88 97 97