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GENERAL CONDITIONS

Project

In celebration of its thirtieth anniversary, the International Red Cross and Red Crescent Museum in Geneva (hereafter “MICR”, Musée international de la Croix-Rouge et du Croissant-Rouge) has decided to create the longest human chain in the world consisting solely of photographs (digital human chain).

This project (hereafter “Project”), the aim of which is to promote the mission of the MICR, requires a large number of photographs to be submitted by participating volunteers.

The digital human chain created by the photographs shall be available to the public, in particular via a mobile app and an internet site. It shall also be published in the various MICR social media postings in relation with the Project.

The MICR also intends to use the photographs at public or private events, such as exhibitions in public or private spaces. Public displays shall also be posted in certain select areas in Geneva.

The MICR shall decide to keep printed media (photographs, displays, etc.) as a record of the Project (archives), which could be the object of future publication. Said archive and any use thereof shall be deemed to be part of the Project for the purposes of these General Conditions.

Those who wish to participate in the Project (hereafter “Users”) shall submit a photograph to the MICR, via a free mobile app which can be downloaded. The photographs shall be sent to MICR via this app.

User acceptance of the general conditions

By submitting a photograph to MICR, the User hereby states that he or she accepts, without reservation, these general conditions (hereafter “General Conditions”), which have contractual force.

The User specifically authorizes the MICR to freely use – within the context of the Project and the promotion thereof – all and any photographs submitted which appear, whether partially or in their entirety, whether alone or with other persons, and on the following media:

  • display/public exhibition
  • posters
  • books
  • products of the written press
  • videos or films
  • internet sites
  • mobile apps
  • social networks
  • art works

By submitting a photograph via the mobile app, the User specifically authorizes the use of his or her image (image rights) and grants MICR a free license, both world wide and without time limit, over said photograph.

However, said authorization and license shall be limited by the usage thereof as defined in the present article.

MICR reserves the right to modify the photographs which have been so submitted to the extent that this is necessary for the Project (cropping, adjustments to luminosity and/or exposure, etc.) and to create works derived therefrom.

Third party rights over the image

The User who submits a photograph which includes a third party (hereafter “Third Party Subject”) guarantees that the latter has specifically authorized the use of said third party’s image in all aspects governed by the present General Conditions.

The User shall be solely liable for any damage or loss suffered by or alleged by the Third Party Subject as a consequence of the intended use of the image by MICR for the purposes of the Project.

If the liability of MICR should nevertheless be recognized or simply sought, for any reason or under any capacity whatsoever, the User shall then be obliged to entirely indemnify MICR for any direct or indirect loss whatsoever which it may suffer (legal fees, including pre-trial fees, damages together with interest paid to the person in question, costs relating to the withdrawal of the photograph, etc.).

Third party intellectual property rights

Photograph taken by a third party.

The User who submits a photograph taken by a third party (hereafter “Third Party Photographer”) guarantees that said third party has expressly authorized the User to use it and to submit it to the MICR so that it may be used for the purposes of the Project.

The User shall be solely liable for any damage or loss suffered by or alleged by the Third Party Photographer as a consequence of the intended use of the image by MICR for the purposes of the Project.

If the liability of MICR should nevertheless be recognized or simply sought, for any reason or under any capacity whatsoever, the User shall then be obliged to entirely indemnify MICR for any direct or indirect loss whatsoever which it may suffer (legal fees, including pre-trial fees, damages together with interest paid to the person in question, costs relating to the withdrawal of the photograph, etc.).

Other third party intellectual property rights.

The User who submits a photograph guarantees that the – potential – owners of intellectual property rights (hereafter “Right-holders”) over said photograph or the contents thereof (e.g. a protected work appearing on said photograph) have specifically authorized the User with the use thereof and the right to submit it to MICR so that it may be used in accordance with the present General Conditions.

The User shall be solely liable for any damage or loss suffered by or alleged by the Right-holders as a consequence of the intended use of the image by MICR for the purposes of the Project.

If the liability of MICR should nevertheless be recognized or simply sought, for any reason or under any capacity whatsoever, the User shall then be obliged to entirely indemnify MICR for any direct or indirect loss whatsoever which it may suffer (legal fees, including pre-trial fees, damages together with interest paid to the person in question, costs relating to the withdrawal of the photograph, etc.).

Free of charge

Participation in the Project shall be free of charge.

No financial payment – for any reason whatsoever – may be claimed from MICR for the use of any photograph within the context of the Project and its purposes as set out at Articles 1 and 3 here above.

MICR discretion to publish

In particular, MICR reserves the right to publish – or not to publish – those photographs which shall be submitted to it in a manner which shall be entirely at its discretion, without any notification to those persons involved, nor shall it be bound to provide any grounds for the use of said discretion.

Revocation of the authorization to publish

The authorization to publish (Article 3 here above) may be revoked at any time by the User or the Third Party Subject.

However, any loss or damage resulting from a withdrawal of consent issued in an untimely manner (e.g. displays already printed for the purposes of an exhibition) may give rise to a claim for an indemnity from the User or the Third Party Subject by MICR.

Personal data

Users are obliged to provide an email address via the mobile app. They also have the option of providing their forename and their nationality.

MICR undertakes to deal with the photographs as well as all the above mentioned personal data in accordance with the Federal law on Data Protection (LPD, RS 235.1), and guarantees in particular as follows:

  • Personal data shall be exclusively collected and processed for the requirements of the Project as set out at Article 1 here above
  • Personal data shall only be kept for the duration of the Project
  • Personal data shall not be forwarded to third parties, with the exclusion of MICR service providers and subcontractors used in relation with the Project.

Personal data shall be destroyed when the Project comes to an end, with the exclusion of the printed media (photographs, displays, etc) which the MICR shall decide to keep as a record of the Project (archives), and which could be the object of future publication.

MICR undertakes to use all appropriate measures to protect the security and confidentiality of the personal data of participants.

The Users and the Subjects may request, at any time and in accordance with art. 8 LPD, access to any personal data which refers to them.

Miscellaneous

In case of discrepancy in interpretation between the French version of the general conditions (“Conditions générales”) and these General Conditions, the French version shall prevail.

Applicable law and forum

The legal relationship as between the parties and the present General Conditions shall be subject to Swiss law, with the exception of the Federal law on Private International Law (PIL).

In the event of a dispute, the parties undertake to come to a friendly settlement agreement within a reasonable period of time prior to instigating any legal proceedings.

Failing an agreement, any dispute shall be brought before the courts of ordinary jurisdiction in the Republic and Canton of Geneva, an appeal to the Swiss Federal Tribunal being reserved.