3. Terms of Service: Intellectual Property & Copyright

3.1 Copyright Protection

All content on the website https://posto5agency.com (including photographs, videos, text, press articles, graphic elements, logos, and site architecture) constitutes an intellectual work protected by the French Intellectual Property Code and Brazilian Law No. 9,610/98.

Originality: Posto 5’s photographic works are protected from the moment of their creation by virtue of their originality, reflecting the stamp of the photographer’s personality.

Berne Convention: Protection is international and applies by operation of law in all signatory countries, guaranteeing Posto 5 a global defense of its assets.

3.2 Moral and Economic Rights

In accordance with French and Brazilian legislation, member photographers of the agency enjoy two types of rights:

Moral Rights: These are perpetual, inalienable, and imprescriptible. They include the right of attribution (credit) and the right of integrity (the prohibition of cropping or filtering that distorts the image).

Economic Rights: Posto 5 holds, by mandate or assignment, exclusive reproduction and representation rights. Any commercial or editorial exploitation without prior written agreement constitutes copyright infringement.

3.3 Specific Regulations for "Fine Art" Prints and Exhibitions

Works sold or leased under the "Fine Art" designation meet strict legal criteria:

Limited Edition: Each print is numbered and signed by the author, limited to a maximum of 30 copies across all formats, in compliance with tax and customs regulations regarding works of art.

Certificate of Authenticity: Every purchase is accompanied by a secure Certificate of Authenticity, serving as proof of the work's originality and its rank within the edition.

Resale Right (Droit de Suite): In the event of the resale of an original print involving an art market professional, the resale right (remuneration of the author based on the capital gain) shall apply in accordance with Article L122-8 of the French Intellectual Property Code.

3.4 Photographic Credits and Mandatory Mentions

For any authorized use (notably within prestigious press articles), the following credit mention is strictly mandatory: © Posto 5 / [Photographer’s Name] The absence of credit, its omission, or its illegible placement will result in additional billing as a penalty for the violation of moral rights.

3.5 Prohibition Clause for Data Mining and AI

Posto 5 expressly opposes the use of its content for training Artificial Intelligence algorithms or Machine Learning models.

Opt-out: Pursuant to Article L122-7-1 of the French Intellectual Property Code and European Directive (EU) 2019/790, Posto 5 reserves its rights regarding text and data mining (TDM).

Sanctions: Any automated scraping or data extraction for the purpose of generating artificial images will be prosecuted as copyright infringement.

3.6 Trademarks and Distinctive Signs

The Posto 5 brand, its logo, and its slogans are registered with the INPI (France) and the INPI (Brazil). Any use, reproduction, or imitation of these distinctive signs without express authorization is subject to prosecution for trademark infringement and unfair competition.

3.7 Sanctions and Procedures

Any violation of the above provisions exposes the offender to:

Infringement seizure proceedings.

Damages and interest calculated based on lost earnings and moral prejudice suffered.

Criminal penalties of up to 3 years' imprisonment and a fine of €300,000 (in France).

4. General Terms and Conditions (services, sales, leasing)

4.1 Scope and Enforceability

These General Terms and Conditions (GTC) apply to all services and products offered by Posto 5 Agency. Any order, signed quote, or purchase on the site implies the Client's full and unconditional acceptance of these GTC, which prevail over any other document unless a derogatory agreement is written and signed by both parties.

4.2 Photographic Service Provisions (Assignments)

Posto 5 Agency provides immersive reportage services (social, societal) and haute couture features.

Ordering and Booking: Every service is subject to a detailed quote. An order is only considered firm and final upon receipt of the signed quote (marked "Approved") and the payment of a deposit ranging from 30% to 50% of the total amount.

Cancellation: In the event of cancellation by the Client less than 7 days before the service, the deposit paid shall be retained by the agency as a penalty clause.

Obligation of Best Efforts: Posto 5 commits to exercising all its expertise to perform the service. However, as the photographer's artistic signature is the essence of the contract, the Client accepts that style and aesthetic interpretation may vary.

4.3 Sale of Prestigious Prints (Fine Art)

Prints sold on the site or at the agency are considered works of art within the meaning of the General Tax Code.

Authenticity: Each work is delivered with an original Certificate of Authenticity. Prints are limited to a maximum of 30 copies, numbered and signed.

Transfer of Ownership: The transfer of ownership of the physical object occurs only after full payment of the price. No rights of reproduction or exploitation are transferred with the purchase of the print (see Section 2).

Right of Withdrawal: In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to products made to the consumer's specifications or clearly personalized (as is the case for art prints produced to order on specific media).

4.4 Leasing of Photographic Exhibitions

Posto 5 offers turnkey exhibition concepts for institutions and corporations.

Lease Agreement: Each lease is subject to a specific contract specifying the duration, location, and conservation conditions.

"Nail-to-Nail" Insurance: The lessee is required to take out insurance covering the works from their departure from the agency until their return. A certificate of insurance must be provided before any movement of the works.

Damage: Any damage noted on the prints, frames, or supports will be billed at the replacement cost as new, plus an indemnity for the loss of value of the limited edition series.

4.5 Prestigious Press Articles and Rights Assignments

The provision of articles and photos for the press is governed by rights assignment fees.

Single Use: Unless otherwise stated, rights are assigned for a single publication, on a defined medium, and for a limited duration.

Prohibition of Sublicensing: The Client is not authorized to re-assign the rights to a third party (subsidiary, partner) without the written consent of Posto 5.

4.6 Payment Terms, Currencies, and Delays

Payment Terms: Invoices are payable upon receipt or according to the due date mentioned on the invoice (maximum 30 days for professional clients).

Late Payment Penalties: Any late payment will result in the application of penalties equal to three times the statutory interest rate, as well as a flat-rate recovery cost compensation of €40 (Article L441-10 of the French Commercial Code).

Currencies: Agency fees are denominated in Euros (€) or Brazilian Reais (BRL). To facilitate transactions for its international clientele, the Agency accepts payments in major currencies, including the US Dollar (USD) and the British Pound Sterling (GBP). The conversion rate applied is the one in effect on the date the invoice is issued. Any currency fluctuation or bank conversion fees occurring after this date remain the exclusive responsibility of the Client, thereby ensuring the integrity of the value of the Agency's service.

5. Dispute Resolution and Juridiction

5.1 Governing Law (Dual Jurisdictional Competence)

This website and the contractual relationships of Posto 5 Agency are governed by a dual legislative framework, determined by the location of the service performance or the Client's residence:

Europe / International Zone: Relations are governed by French Law, specifically the Intellectual Property Code and the Commercial Code.

Latin America Zone: For contracts concluded or performed within Brazilian territory, Brazilian Law shall apply (Código Civil and Lei de Direitos Autorais).

5.2 Amicable Resolution and Mediation

Prior to any legal action, the parties commit to attempting an amicable resolution of their dispute.

Consumer Mediation (France): In accordance with Articles L.612-1 et seq. of the Consumer Code, for any consumer dispute not resolved by our customer service, individual Clients may seek free recourse through the consumer mediator to whom we report: Médiation de la Consommation Professionnelle (MCP), Address: 12 square Desnouettes, 75015 Paris, Website: https://mcpmediation.org.

Conciliation (Brazil): For disputes in Brazil, the parties shall prioritize recognized conciliation and arbitration chambers before petitioning civil courts.

5.3 Choice of Forum (Jurisdiction)

In the absence of an amicable agreement, and notwithstanding a plurality of defendants or third-party claims, exclusive jurisdiction is granted to:

For disputes involving the French headquarters: The competent courts of Paris (France). For disputes between professionals (B2B), the Paris Commercial Court shall have sole jurisdiction.

For disputes involving the Brazilian headquarters: The Judicial District (Comarca) of Rio de Janeiro (Brazil), with the express waiver of any other forum, however privileged it may be.

5.4 Evidence and Electronic Signatures

Within the framework of our remote sales and audit processes, the parties acknowledge that electronic signatures (via certified tools such as DocuSign or equivalent) as well as professional email exchanges constitute valid written evidence. These shall hold the same probative force as a physical document on paper, in accordance with Article 1366 of the French Civil Code.

5.5 Severability

If any provision of this Legal Notice or these General Terms and Conditions is declared null, void, or unenforceable under any law, regulation, or final court decision, such provision shall be deemed severed. The remaining provisions shall remain in full force and effect.

5.6 Language of the Contract

The website https://www.google.com/search?q=posto5agency.com is primarily published in English to serve its international mission. However, these legal terms are established based on French law. In the event of a discrepancy in interpretation between the linguistic versions (English, Portuguese, French), the French version shall prevail, constituting the binding legal reference for the interpretation of the contract terms.

5.7 Accessibility

Posto 5 strives to make its website accessible to all internet users, in accordance with digital accessibility best practices. We are continuously working to improve our interface to ensure a seamless experience of our works and editorial content across all devices.