GENERAL TERMS AND CONDITIONS OF USE OF THE MEDIATHEQUE-ANJOU TOURISM

Preamble

The Agence Départementale du Tourisme de l'Anjou (hereinafter referred to as " ANJOU TOURISME "), publishes a platform for the provision of visuals under license for the purpose of promoting tourism in the Anjou region, accessible from the website https://mediatheque.anjou-tourisme.com (hereafter the " Media Library "). This service is governed by general terms of use (hereinafter the " Terms " or " GTU ") that any person using the service (hereinafter the " User ") accepts by registering with the Media Library and using its features.

This service is exclusively for professional use.

The purpose of the GTU is to govern the terms and conditions of access and use of the Media Library by Users and to define their rights and obligations in the context of the use of the Media Library.

The present general conditions express the entire agreement between the User and ANJOU TOURISME and supersede and replace any previous agreement or written or oral document with the same purpose.

The use of the Media Library requires the User's full acceptance of the present GTU. 

Article 1: Purpose of the Media Library

The purpose of the ANJOU TOURISME Media Library is to provide Users with access, free of charge, from a web platform, to a bank of free downloadable images (hereinafter referred to as the " Visual( s)"), so that they can promote tourism in Anjou and more generally the regionThe Visuals contained in the Media Library are protected by copyright license agreements and are made available to the User under restrictive conditions, in accordance with the present GTU and the provisions of the French Intellectual Property Code.

ANJOU TOURISME reserves the right to change this service, its content, its purpose and its functions, which the Users expressly acknowledge by accepting the present document. 

Article 2: Access, security and continuity of service

2.1 Technical requirements for using the service

The technical requirements refer to the equipment and minimum configurations that the User must have in order to be able to access and use the Media Library and its features with ease.

To use the Media Library, the User must have a fixed terminal (computer, smartTV, etc.) or mobile (smartphone, tablet, etc.) equipped with an Internet connection and a browser with one of the following minimum configurations:

• Google Chrome  -  Version 85.0 and higher
• Microsoft Edge  -  Version 85.0 and higher
• Mozilla Firefox  -  Version 81 and following
• Apple Safari  - Version 14.0 and following
• Opera -  Version 71.0 and following
• Brave -  Version 1.14 and following

The User acknowledges that access to the Media Library or some of its features may be impossible due to the absence of such minimum configuration.

The User also acknowledges having checked that the computer configuration he/se has is adequate before registering with the Media Library.The User must have the necessary storage space before uploading a visual. In particular, the User is informed that the visuals in "high definition" are voluminous and require a consequent space. The management of this storage space is the exclusive responsibility of the User.

The User must also have an up-to-date and operational electronic mail address, without which registration with the Media Library will be impossible.

The equipment and software configurations making up the User's environment are the sole responsibility of the User, as are any telecommunications costs that may be incurred by access to the Media Library (Internet connection).

2.2 Conditions of access to the Media Library

Access to the Media Library and the use of its features are free of charge, but subject to the following conditions:

• the registration of the User, including the provision of registration data and acceptance of these Terms;
• the validation of such registration by the authorized services of ANJOU TOURISME.

Registration to the Media Library is done on the basis of a registration form accessible via the "Register" button on the Media Library's home page. The data submitted by the User in the form must be complete, accurate and up to date. ANJOU TOURISME cannot guarantee access to the Media Library in the event of missing or inaccurate data. The data required for the User's registration is indicated by a red asterisk (*). The other data is optional and may not be completed by the User.

THE MEDIA LIBRARY IS EXCLUSIVELY RESERVED FOR PROFESSIONAL USE. ONLY USERS ACTING IN THE CONTEXT OF AND ON BEHALF OF THEIR PROFESSIONAL ACTIVITY MAY REGISTER AND ACCESS THE MEDIA LIBRARY.  THIS CONDITION IS ESSENTIAL TO THE PRESENT CONTRACT AND COMMITS THE USER AND HIS/HER ORGANIZATION TO ANJOU TOURISME.

Upon receipt of the User's registration request, ANJOU TOURISME will study and validate the request internally, in accordance with the aforementioned registration criteria. If the request is accepted, ANJOU TOURISME's authorized department will create an individual account (hereinafter the "Account") including the data submitted by the User.

Following this step, ANJOU TOURISME will send an e-mail to the e-mail address that the User has provided, informing the User that his/her User Account has been validated.

EXCEPT PRIOR APPROVAL OF ANJOU TOURISME, THE USER RECOGNIZES THAT HE/SHE CAN CREATE ONLY ONE ACCOUNT ON THE MEDIA LIBRARY.

ANJOU TOURISME reserves the right to refuse any registration that violates this paragraph or presents a serious doubt as to its compliance. Temporary or permanent blocking of access to the Media Library remains at the sole discretion of ANJOU TOURISME, owner of the Media Library.

2.3 Management of login credentials

The User must define a login and password that are relevant, secure, exclusive and known only to the User. The chosen password must comply with the strength standards imposed in the registration form. THE USER MUST ENSURE THE SECURITY AND CONFIDENTIALITY OF HIS/HER PERSONAL IDENTIFIERS. AS SUCH, THE USER ACKNOWLEDGES THAT HE/SHE OR HIS/HER ORGANIZATION MAY BE HELD LIABLE FOR ANY DAMAGE CAUSED BY THE USE OF THE MEDIA LIBRARY AND ITS FEATURES USING HIS/HER PERSONAL IDENTIFIERS. ANJOU TOURISME cannot be held liable for any fraudulent use of the User's Account by the User or a third party.

In this regard, theUser agrees to take all necessary measures to maintain the confidentiality of his/her personal identifiers and, more generally, of access to the Media Library. At the end of each access session to his Account, the User must log out of the Media Library and provide his/her login details for any new access. For security reasons, the User is automatically disconnected from his/her session after twenty (20) minutes of inactivity.

The User is also responsible for his/her own knowledge of his/her login credentials. If the User forgets his or her password and provided that he or she knows his or her login credential (e-mail address), the User may nevertheless reset his or her password. This feature is available from the login page under the "Forgot Password" link. A link to reset the password will then be generated and sent by email to the User.

ANJOU TOURISME REJECTS ANY RESPONSIBILITY AS FOR THE MANAGEMENT BY THE USER OF LOGIN CREDENTIALS.

2.4 Accessibility, security and continuity of service

Subject to technical constraints related to the nature of electronic communication networks, the Media Library is accessible 24 / 7.

Given the hazards inherent in the nature of the Internet, ANJOU TOURISME does not guarantee that the Media Library will be accessible and will function, in whole or in part, without interruption and that the servers that provide access to same and/or the third-party sites for which hyperlinks appear are virus-free.

ANJOU TOURISME shall not be held responsible in the event of the Media Library being unavailable, or in the event of bugs or in the event that a User is unable to connect to the Media Library due to any technical fault or problem.

ANJOU TOURISME cannot be held responsible in the event of infection of the User's equipment by a virus while using the Media Library or any third-party site referenced in the Media Library.

Article 3: ANJOU TOURISME's obligations

ANJOU TOURISME undertakes to provide its best efforts to enable the User to use the Media Library and its functions under the conditions defined herein. ANJOU TOURISME will use reasonable means to achieve this without ever being bound by any obligation of means or result.

The User expressly acknowledges that by providing a free service, ANJOU TOURISME cannot guarantee the absence of bugs, errors or inaccuracies within the Media Library. 

FOR THIS REASON, ANJOU TOURISME DOES NOT GUARANTEE NEITHER THE EXECUTION NOR THE QUALITY OF THE PROPOSED SERVICE, WHAT THE USER ACCEPTS  

In addition, the User acknowledges that the proposed service is intended to evolve and be modified over time. In this regard, ANJOU TOURISME reserves the right, as publisher and producer of the Media Library, to make changes to the design, operating mode, technical specifications, systems and any other function of the Media Library at any time, without being obliged to notify of same the User.

ANJOU TOURISME is entitled to take measures affecting the accessibility of the service, notably for technical, maintenance, operational or security reasons. 

Article 4: License granted by downloading a visual

The visuals in the Media Library are intellectual works protected by copyright, which gives authors an exclusive right to reproduce and represent their works (economic rights) as well as a moral right including the right to paternity and the right to respect the integrity of the work.

ANJOU TOURISME has obtained from the authors of the visuals an assignment of their economic rights as authors and is authorized to grant licenses for the reproduction and representation of the visuals in order to promote tourism in ANJOU.

The rights of use are granted for this sole purpose for the printed and web promotional media (including social networks) of the Anjou destination.

Thus, reproductions and representations of visuals not related to the objective of promoting tourism and the actors of tourism in ANJOU are prohibited, and in particular any use of visuals on media intended to be sold or lent for a fee (e.g., clothing, postcards, books for a fee, decorative objects, toys, accessories, etc.), as well as the registration of a visual to constitute a brand.

Other prohibitions specific to each visual may exist. IT IS MANDATORY TO RESPECT THE NOTE "PROHIBITIONS OF USE" OF EACH VISUAL. To access same, simply click on the magnifying glass at the top right of each visual.

For example, the following prohibitions of use can be found there: " Poster ", " Editing and retouching ".

The license granted is personal, non-assignable and non-transferable in any capacity whatsoever. ALL TRANSFERS, RETROCESSIONS, RENTALS OR LOANS, TO A THIRD PARTY, ONEROUS OR FREE OF CHARGE, IS STRICTLY PROHIBITED.

The moral rights of authors must be respected:

- any published visual (whatever the support or the media of diffusion) must imperatively be accompanied by the photo credit indicated, followed by /Anjou tourisme.

- Any transformation, denaturation, retouching by digitization or any other process, cannot be done without the authorization of ANJOU TOURISME.

Specific prohibitions, the photo credit to be displayed and the expiration date of the rights are visible by clicking on the magnifying glass at the top right of each visual, as well as on the download summary.

When the license expires, the User must cease all use of the visual and must remove all traces of its use on the Internet.

As such, when the rights to a downloaded visual expire, an email notification is sent 3 months in advance to the email address indicated by the User.

By accepting these Terms and Conditions, and each time a visual is downloaded, the User and the entity he/she represents are granted a strictly personal, non-transferable, non-exclusive license to reproduce and represent said visual free of charge, under the following conditions:

- territory: the license is granted for the whole world.

- duration: the license is granted until the expiration date as indicated for each visual in the download summary.

- rights granted: except for the above-mentioned general prohibitions and/or specific prohibitions to the contrary, the rights granted are the following:

• Right of reproduction: the right to reproduce, publish, fix, digitize, edit, store, the visual, without limitation of number, on any support and by any technical process, and in particular paper, numerical, data-processing, optical, magnetic, analogical, electronic, with promotional or not commercial purposes, whatever the place or the size of the reproduction, and in particular on editions and paper documentations in cover or interior page, on publicity postings (in particular bus shelters, Decals, 4x3, etc.), to promote tourism and the actors of tourism in ANJOU.

• Right of representation: the right to represent the visual by any means and/or support, in particular paper, cardboard, POS, electronic, digital, computer, telematic, telecommunications and electronic communication, and in particular on any media and on any website, on any social networks, on any mobile application, blog, advertising displays whatever the location or size, in any film or advertising spot, in any slide show, in any edition or paper document, on the inside page or on the front cover, during any event and in any place, and in particular exhibitions, trade fairs, galleries, stores, and this, to the public in general or to categories of the public in particular, in such a way as to allow each person to have access to it from the place and at the time that he or she individually chooses, for promotional or non-commercial purposes, in order to promote ANJOU's tourism and tourism actors.
• Right of adaptation: minor modifications of size or cropping for technical reasons related to the nature of the broadcasting medium are authorized, as well as the presentation of the visual with other contents. Any other modification must be approved by ANJOU TOURISME and/or the author before any reproduction or representation.

Article 5: Obligations of the User and respect for the rules of use of the Media Library

The User undertakes to comply with the applicable legislation and more specifically with the rules of use of the Media Library. The user also agrees to cooperate actively and loyally with ANJOU TOURISME in its use of the Media Library.

It is reminded that the use of the Media Library results from an individual registration, the account created is therefore strictly personal and cannot be rented, transferred free or against payment to any third party, or even to another user. This use is strictly professional and is limited to one account per User.

In general, the User shall refrain from engaging in acts of any nature whatsoever that would be contrary to the law, infringe public order, or the rights of ANJOU TOURISME or third parties. In particular, the User agrees, within the framework of the use of the Media Library, to observe the following rules, including but not limited to:

• Not to use a false identity in order to deceive others;
• Not to use the Media Library for personal or other than authorized purposes;
• Communicate accurate information when using the Media Library (e.g.: registration form, contact form, publication feedback, );
• To use the Media Library in a loyal manner, in accordance with its purpose exclusively, and in accordance with the legal provisions, regulations and uses in force;
• Observe the intellectual property rights relating to the content provided by ANJOU TOURISME and its contributing partners (authors of the Visuals) as well as any intellectual property rights of third parties;
• Not to divert or attempt to divert any of the features of the Media Library outside of their normal use as defined herein;
• Not to voluntarily overload the Media Library's servers in any way (including distributed denial of service);
• Not to retrieve information from the Media Centre on a massive scale and without prior authorization (particularly by web scraping);
• Not to use a robot software or any other process or equivalent automated tool to navigate on the different pages of the Media Library;
• Not to disseminate data, information or content that would diminish, disorganize or prevent the normal use of the Media Library;
• Not to use the Media Library and its features to send unsolicited mass messages (advertising or otherwise).
• Not to integrate or associate the Media Library with any third-party software.
• Not to decompile, disassemble the Media Library, practice reverse engineering or attempt to discover or reconstitute the source code, the ideas on which it is based, the algorithms, the file formats or the programming or interoperability interfaces of the Media Library, except within the limits of the right granted by Article L. 122-6-1 of the French Intellectual Property Code, in any manner whatsoever.

In the event of non-compliance with this article and, more generally, with these Terms and Conditions of Use, ANJOU TOURISME reserves the right to immediately block the User's access to the Media Library, to delete his or her Account without prior notice and, if necessary, to take any legal action it deems necessary to defend its interests or those of the authors of the Visuals contained in the Media Library.

Likewise, ANJOU TOURISME cannot be held responsible in the event of a User's failure to comply with one or more of the present rules. Only the User is responsible for the breaches he/she commits.

The User is also reminded that articles 323-1 and following of the French Criminal Code provide for penalties of up to five (5) years imprisonment and a fine of EUR 150,000, in particular:

• Fraudulent access and maintenance in an automated data processing system;
• Hindering the system;
• The fraudulent deletion, modification or addition of data in the system.

Article 6: Warranties and Liabilities

THE USER ACKNOWLEDGES AND ACCEPTS THAT THE SERVICE IS PROVIDED AS IS, WITHOUT ANY GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, ON THE PART OF ANJOU TOURISME.

The User is solely responsible for his or her choices related to the use of the Media Library as well as their appropriateness to his or her needs, such that ANJOU TOURISME cannot be held liable in this regard.

ANJOU TOURISME also declines all responsibility for access to or the content of third-party sites linked to the Media Library, in particular by means of hyperlinks inserted on any part of the Media Library.

Under no circumstances shall ANJOU TOURISME be held responsible for any damage resulting from the use of the Media Library by a User. ANJOU TOURISME declines in particular any responsibility in the event of inaccessibility of the service, of occurrence of bugs or of any damage resulting from fraudulent act of third parties (such as a malicious intrusion).

SPECIFICALLY, ANJOU TOURISME DECLINES ANY RESPONSIBILITY IN CASE OF FAILURE OF THE USER TO HIS/HER COMMITMENTS TAKEN WITHIN THE FRAMEWORK OF THE PRESENT AND NOTABLY IN CASE OF NON-RESPECT OF THE CONDITIONS OF USE (AND PROHIBITIONS OF USE) OF A VISUAL IMPLYING A VIOLATION OF THE RIGHTS OF INTELLECTUAL PROPERTY OF ITS AUTHOR (THIRD CONTRIBUTOR).

ANJOU TOURISME guarantees the User against any risk of eviction due to his or her personal actions. However, no guarantee is provided for eviction due to third parties, especially in the case where the author of the visual would have infringed the rights of third parties.

Article 7: Duration of the General Conditions

7.1 Duration.

The present General Conditions are concluded for an indefinite period as from their acceptance by the User.

7.2 Termination at the initiative of the User

The User retains the possibility of deleting his/her Account at any time, from the dedicated option in his/her "My Account" space.

Upon completion of this process, the User agrees to lose all of his or her Account data and renounces all future access to the Media Library. A message confirming the deletion of the Account will then be sent to the User by e-mail. 

7.3 Termination and/or suspension at the initiative of ANJOU TOURISME

In the event of a breach by Users, in particular of their obligations under these Terms; OR if ANJOU TOURISME has serious reasons to believe that this is necessary to protect its interests, its security and its integrity, those of the authors of the Visuals, its Users or third parties; OR for the purposes of fraud prevention or investigation; OR in the event of a breach of the laws and regulations in force, ANJOU TOURISME reserves the right to :

• To limit access and use of the Media Library to Users, in particular by blocking certain functionalities; and/or
• Terminate, immediately and without notice, the present General Terms and Conditions, without prejudice of any damages that ANJOU TOURISME may be entitled to claim; and/or
• Temporarily or permanently suspend a User's individual Account.

The non-exercise by ANJOU TOURISME of the rights granted to it in application of the texts or of the present Terms and Conditions shall in no case constitute a waiver of its rights.

7.4 Termination in case of prolonged inactivity of the User

The User's Account will be automatically deleted in case of inactivity for an uninterrupted period of 18 months. This deadline is reactivated by any new connection to the Account via the User's login and password.

The User may receive an e-mail warning of the imminent deletion of his/her Account. In case of continued inactivity (without new connection of the User), the User's Account will be permanently deleted at the end of 18 months.

All Account data will also be deleted, with the exception of visual download logs, which will be kept for evidentiary purposes for a fixed period of 5 years.

Article 8: Intellectual property of ANJOU TOURISME

Apart from the license granted when downloading a Visual, the present General Conditions do not entail any transfer to the User of intellectual property rights of any kind on the elements belonging to ANJOU TOURISME.

With the exception of the Visuals, the functional content of the Media Library, the general structure as well as the brands, drawings, models, images, whether animated or not, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, ANJOU TOURISME's know-how and all other elements making up the Media Library or any other information contained therein, without this list being exhaustive, are the exclusive property of ANJOU TOURISME or possibly its partners who have granted it a right of use, and are protected by intellectual property rights which are recognized in accordance with the laws in effect.

Any reproduction and/or representation, in whole or in part, of any of these elements, without the express authorization of ANJOU TOURISME is prohibited and constitutes, in particular but not exclusively, an infringement punishable by the provisions of the Intellectual Property Code.

Consequently, the User is forbidden to take any action or perform any act that may directly or indirectly infringe on the property rights of ANJOU TOURISME or a third party in the context of the use of the Media Library. 

THIS ARTICLE SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR ANY REASON OR PURPOSE.

ANJOU TOURISME reserves the right to claim damages in case of infringement of its intellectual property rights.

Article 9: Protection of personal data in the context of the Media Library

9.1 Specific definitions

For the full understanding of the following provisions, the terms "Personal Data," "Processing," "Controller," "Processor," "Data Subject," "Recipient" and "Violation of Personal Data" shall have the meaning defined in Regulation (EU) 2016/679 of the European Parliament and of the Council dated April 27, 2016 (hereinafter “the GDPR” or "the Regulation").

9.2 Data processing implemented by ANJOU TOURISME in the context of the Media Library

ANJOU TOURISME collects and processes personal data relating to the User in the context of the operation of the Media Library. In accordance with the Regulation, ANJOU TOURISME acts as a Data Controller.

ANJOU TOURISME therefore undertakes to comply with the rules and obligations set out in the said Regulation, and in particular those specific to its status as Data Controller.

The User data collected by ANJOU TOURISME is that provided in the registration form, in the contact form (if used), as well as that technically useful for the operation of the Media Library (ID + connection data):

• Identification data: last name, first name, professional e-mail address, password, User ID number, postal address (street, postcode, city, country), professional telephone number
• Professional data: Company, function, professional category, press card number (if applicable), website, reasons for using the Media Library, purpose of the contact request.
• Connection data: Connection and activity logs, usage cookies, history of visual downloads, engagement ticks (time-stamped)

This data is strictly necessary for the proper management of the Media Library and its features, and in particular for the creation of the User's Account in order to use the service. In this respect, the User authorizes ANJOU TOURISME to carry out the processing necessary for the proper management of the Media Library for the entire duration of this contract.

The data required for the User's registration is indicated by a red asterisk (*). All other data is optional. The User acknowledges, however, that without the collection of certain optional data, some of the features of the Media Library may not be delivered.

The User is informed that a monitoring of activities is deployed on the Media Library, with conservation of connection and usage data, with the sole purpose of securing all uses of the service.

ANJOU TOURISME will not use personal data in any other way without the express prior consent of the User. With the exception of any merger process in which the " Anjou Tourisme " Public Interest Group is directly involved, ANJOU TOURISME is forbidden from disseminating or marketing any data collected within the framework of the Media Library.

9.3 Data retention

User Account data is retained for the life of the Account. As a reminder, the User's Account is deactivated and deleted after 18 months of inactivity (without any connection from the User).

Connection and activity tracking data (logs and cookies) are kept for a maximum of 13 months. The download histories of the visuals, although attached to the User Account, are kept for 5 years, for the purpose of secure management of the contributors' intellectual property rights.

In case of termination of his/her Account, the User will be informed by e-mail of the deletion of his/her information.

9.4 Users' rights to their personal data

In accordance with the provisions of Chapter III " Rights of the data subject " of the Regulation, the User has the right to access, rectify, limit, erase, oppose and port his/her personal data, which he/she may exercise as follows:

• Through the contact form on the Media Library (see "subject of the request ");
• By communicating with the DPO of ANJOU TOURISME, via the following e-mail address dpo@anjou-tourisme.comor by post to the following address:

Data Protection Officer

Departmental Agency of Tourism of Anjou - Anjou tourisme
48 B Boulevard Foch

BP 32147  - 49100 ANGERS - FRANCE

• For the rights of rectification and deletion: by simply updating or deleting personal information contained in the User account (see "My Profile");
• For the right of access: by using the service "My personal data" present on his/her Account.

ANJOU TOURISME also informs the User that, if he/she considers that his/her rights have not been respected, he/she may at any time lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL) via www.cnil.fr/fr/plaintes/  or at the following address

3 place de Fontenoy - TSA 80715

75334 PARIS CEDEX 07 - FRANCE

www.cnil.fr

9.5 Data security

In accordance with applicable laws and regulations, personal data is recorded in a secure manner by ANJOU TOURISME and processed only within its dedicated and duly authorized internal departments.

ANJOU TOURISME undertakes to implement all organizational, technical and structural measures to ensure the physical and logical security of personal data and to maintain them until the said data is deleted. In particular, it will actively combat any alteration, destruction or unauthorized access to data.

Nevertheless, ANJOU TOURISME reminds you that the Internet is not an entirely secure environment and that it cannot guarantee the perfect security of transmissions and information storage within this network.

ANJOU TOURISME undertakes to comply with the rules for notification in the event of data breaches as set out in Articles 33 and 34 of the Regulation (Notifications to the CNIL and/or Users).

All of these rules are also applied by ANJOU TOURISME's Subcontractors(see paragraph 9.5).

9.6 Processors working on behalf of ANJOU TOURISME for the Media Library

ANJOU TOURISME informs Users that the proper functioning of the Media Library requires the intervention of a processor (hereinafter the “Processor") in the context of the following processing:

ANJOU TOURISME certifies having studied and chosen the Processor for its level of personal data protection in compliance with the requirements of the Regulation. The Processor has undertaken to comply with the said requirements and to allow ANJOU TOURISME to meet its legal obligations by any means, in particular concerning the rights of data subjects.

ANJOU TOURISME and its Processor jointly undertake to ensure that the data collected on the Media Library is always processed and hosted within the European Union or in a country or organization that has an adequate level of protection according to the European Commission or whose data transfers have appropriate guarantees in accordance with Articles 46 et seq.

9.7. Cookies from the Media Library

Some information is collected by means of cookies (small text files placed on the visitor's browser that store information about the visitor that can then be consulted with the Media Library).

ANJOU TOURISME informs the User that no so-called "accessory" or "optional" cookies are used on its site (e.g., targeted advertising, social networks, individualized audience measurement). Only cookies that are mandatory for the proper functioning of the Media Library or anonymous cookies may be integrated into the User's browser.

Furthermore, if the User refuses "mandatory" or "anonymous functional" cookies through his/her browser settings, he/she acknowledges that the Media Library may not function properly, and that his/her user experience may be significantly disrupted.

This Media Library cookie management policy complies with the CNIL guidelines issued by Deliberation No. 2020-091 of September 17, 2020.

9.8. Availability and updating of the present data protection policy

The present personal data protection policy is made available to everyone on the ANJOU TOURISME Media Library website. It is regularly updated to take into account legislative and regulatory changes, and any changes in its organization or activities, either in-house or with its partners.

Article 10: Invalidity and partial invalidity

In the event that one of the clauses of the General Terms and Conditions is declared null and void, in particular by a change in legislation or regulations or by a court decision, the validity of the present General Terms and Conditions will not be affected, unless it is of a substantial nature. 

The Parties shall replace by amendment the invalid provisions with new provisions that are legally valid and as close as possible to the intended meaning and purpose in legal and economic terms.

Article 11: Update of the GTU

The present terms and conditions of use may be modified or supplemented at any time. Any new version will be instantly published on the Media Library. The User will be notified of the update of the GTU (and their date of update) when he/she logs on to the Media Library again. If the User wishes to continue his/her session, he/she will have to accept the new Conditions beforehand.

ANY USE OF THE MEDIA LIBRARY IMPLIES ACCEPTANCE BY THE USER OF THE PRESENT GENERAL TERMS AND CONDITIONS OF USE IN THEIR MOST CURRENT VERSION. 

Users are invited to regularly consult the Terms and Conditions of the ANJOU TOURISME Media Library, in particular via the below link:

https://mediatheque.anjou-tourisme.com/en/general-terms-and-conditions-of-use-enx55421a2f80760fbded701fad.htm.

Article 12: Governing law

The present Terms and Conditions are exclusively governed by French law.

In the event of a dispute between the User and ANJOU TOURISME, for any reason whatsoever, relating to the present General Terms and Conditions, the Parties will endeavor to find an amicable solution.

IN THE ABSENCE OF AMICABLE RESOLUTION, THE DISPUTE WILL HAVE TO BE SUBJECTED TO THE EXCLUSIVE COMPETENCE OF THE COURTS OF ANGERS, IN FRANCE, EVEN IN THE EVENT OF CALL IN GUARANTEE OR OF PLURALITY OF DEFENDANTS, EVEN FOR EMERGENCY PROCEEDINGS OR PRECAUTIONARY PROCEEDINGS, IN SUMMARY PROCEEDINGS OR BY REQUEST.

IN THE EVENT THAT THE DISPUTE RELATES TO AN INTELLECTUAL PROPERTY MATTER SUBJECT TO THE EXCLUSIVE JURISDICTION OF SPECIALIZED JUDICIAL COURTS, THE SAID DISPUTE SHALL BE BROUGHT BEFORE THE SPECIALIZED JUDICIAL COURT OF RENNES, IN FRANCE EVEN IN THE EVENT OF A WARRANTY CLAIM OR MULTIPLE DEFENDANTS, EVEN FOR EMERGENCY PROCEEDINGS OR PRECAUTIONARY PROCEEDINGS, IN SUMMARY PROCEEDINGS OR BY PETITION.

General terms and conditions of use of the ANJOU TOURISME Media Library - Version 2.1 -  18/01/2022