These terms govern the provision, by Thomas Roinel, of video clips and photographs from its own collection through the website CalédoStock, and the licensing of the associated rights of use. Placing an order implies their unreserved acceptance.
In the rest of this document, the term "item" refers equally to a video clip or a photograph: the same licensing, pricing and usage rules apply to both, unless expressly stated otherwise.
The provider does not sell its files: it grants a right of use, within the limits set out in article 7. The intellectual property in the works remains entirely with the provider.
Creating an account is free and immediate. It gives access to the catalogue and to low-resolution previews, free of charge and without limit. The email address provided receives a confirmation message; it will receive purchase confirmations, invoices and rights licence certificates.
The service is aimed at professionals and organisations, whose production needs it meets. Where a client acts as a consumer, the mandatory provisions protecting them apply, whatever these terms state.
The client is responsible for the accuracy of the information provided, for keeping their login details confidential and for any download made from their account.
Where an account is shared between several users within the same organisation, the name of the person making each download is recorded and appears on the invoice. The organisation holding the account remains solely liable.
The applicable price is the one shown on the item's page at the time of ordering, expressed in CFP francs (XPF). The prices shown on the Pricing page are starting prices: some items are priced higher because of the conditions under which they were obtained — special permits, difficulty or cost of filming, rarity of the subject. TGC non applicable — régime à préciser selon votre statut.
The provider may change its prices at any time. Changes have no effect on orders already confirmed.
Two ways of purchasing coexist:
A volume discount applies automatically to a selection paid for in one go. The current scale is shown in the selection before confirmation; it may change, and the one shown at the time of ordering applies. The discounted amount appears on the order and on the invoice.
The provider may open access to a given item, for a given account, free of charge. The licence then granted is identical to that of a purchased item and follows the same rules; this gesture is one-off and creates no right for the future.
Custom filming services — shooting on request, with an imposed place, date or framing — are not part of the catalogue and are subject to a separate quote.
Orders are paid online by card at the time of ordering. Payment is handled by an approved payment provider: no card data passes through or is stored on the site. An invoice is issued for each order and remains available from the client area.
Prices are set in CFP francs; the amount in euros shown derives from the fixed exchange rate and corresponds to the sum actually charged.
Licences are granted only after the payment provider has confirmed payment. Where the client organisation requires it, a quote is drawn up beforehand.
Where, exceptionally, the provider agrees to invoice an order on payment terms rather than having it paid online, any late payment automatically, and without prior formal notice, gives rise to late-payment penalties at the applicable statutory rate, as well as suspension of access to downloads of original files. Items already purchased remain usable: the suspension has no retroactive effect on rights already granted.
A paid order may be cancelled by the provider, at its own request or at the client's. Two outcomes are possible, and the client chooses:
The credit returns what was paid, not the catalogue value of the items: a discount obtained on the cancelled order was never paid and is therefore not returned. The client does, however, regain the benefit of the discount scale on their next order.
In both cases, the licence covering the items concerned is terminated: they are removed from the client's library, and the client undertakes to stop all use and no longer broadcast them. Where the items have already been included in a broadcast production, the parties agree on the follow-up, and the refund may be reduced proportionately.
These provisions do not affect any right that the applicable law mandatorily grants the client, in particular when acting as a consumer.
For each item purchased, the provider grants the client, on a non-exclusive basis, the right to reproduce, show and adapt that item within the client's own productions.
The licence is permanent: an item purchased remains usable and can be downloaded again at no further cost, including after the account is closed. The licence is personal to the client: it may not be assigned, resold or transferred to a third party.
This licence covers only the rights held by the provider: those of the author and producer of the images. It does not constitute permission from third parties whose rights may be at stake in a particular use — people filmed, architects, brands, customary authorities. Those permissions are the client's responsibility, and article 10 sets out their scope.
Some items carry the mention "editorial use only" on their page. It indicates that the image shows a work belonging to a third party — most often a work of architecture still under protection, such as a cultural venue or a notable structure — and that the provider cannot grant more rights than it holds itself.
For these items, the licence is limited to editorial use: information, news, reporting, documentary, education, research, cultural books or programmes. In other words, uses where the image serves to cover a subject.
The following are excluded, unless the client obtains written permission from the rights holder:
The line depends neither on the medium nor on the broadcaster, but on the function of the image. The same shot may be editorial in a television news bulletin and commercial in the corporate film broadcast right after it. It is the client, who alone knows where their edit is going, who judges which side it falls on.
If in doubt, the client asks the provider before broadcast: the provider indicates, where known, the rights holder to approach. An editorial-use mention does not waive the permissions provided for in article 10, which apply in addition.
Unless an editorial constraint makes it impossible, the client displays the credit "Thomas Roinel" in the end credits or close to where the item is shown. The absence of a credit does not call the licence into question but constitutes a breach of contract.
The provider warrants that it holds the rights to the items offered and has the permissions needed to exploit them, in particular the overflight permissions required for aerial shots.
It is, however, up to the client to obtain, at their own expense and under their sole responsibility, the permissions that their particular use requires. The provider warrants that it was able to take the shot; it does not warrant that any subsequent use, whatever it may be, is free of permission requirements. These include in particular:
The decisive distinction is between the main subject and the incidental. A building, property or brand that appears blended into an overall view, a cityscape or a wide shot — without being what the image is about — requires no permission. The same building filmed for its own sake, framed as the subject of the shot, does. It is the use the client makes of the image, and the framing kept in the edit, that determine which side one is on: the provider is not in a position to judge this on the client's behalf.
The client is responsible for these permissions and indemnifies the provider against any third-party claim arising from them. If in doubt about a place, the provider tells the client, on request, the circumstances of the shot that it knows of.
The provider undertakes to use reasonable means to keep the service available, without guaranteeing uninterrupted operation. Its liability may not exceed the amount actually invoiced to the client over the previous twelve months.
The client remains solely responsible for the use they make of the items and of the content into which they incorporate them.
Processing is described in the privacy policy. Downloads are kept to meet accounting obligations.
The client account involves no minimum term and no subscription: it gives access to the catalogue and to the purchase history. The client may delete it themselves at any time from the "My account" page.
Closing the account leaves licences already granted intact: purchased items remain usable in the client's productions, with no time limit. They can, however, no longer be downloaded again from the site, as the account that gave access to them no longer exists; it is up to the client to keep their files.
The provider may suspend access in the event of a breach of articles 7 and 8, after informing the client. Items already purchased remain usable: the suspension has no retroactive effect on rights already granted.
The provider may change these terms. The version applicable to an order is the one in force on the day of the order; each client's acceptance is time-stamped and kept on record.
These terms are governed by the law applicable in New Caledonia. Failing an amicable settlement, any dispute falls within the jurisdiction of the courts of Nouméa.
