LICENSE AGREEMENT AND TERMS AND CONDITIONS FOR USE OF THE WEBSITE DATABASE OF VISIONS B.V. (www.visionspictures.com) AND FOR PURCHASE OF CONTENT
This document sets out the terms and conditions for use of the website database visionspictures.com of Visions botanische- en reklamefotografie B.V. (Visions) and also comprises a legal agreement between the Client (= you, your company, or the company you are working for) and Visions regarding purchase of Content. Please read all these terms carefully before using the site and/or purchasing any image from Visions. By purchasing or using an image or otherwise exercising any right granted under this agreement the Client agrees to be bound by this agreement. If the Client does not wish to accept these terms, the Client can not make any purchases.
If you are entering this agreement on behalf of your employer, any rights granted and restrictions and limitations recited herein apply to that employer as well as to you as a representative of that employer. Should you cease working for that employer, that employer may continue to operate under this Agreement; you yourself may not.
This License Agreement is, and these terms and conditions are, governed by the laws of The Netherlands. Visions is entitled to change its terms at any time and the Client is legally bound by such change. Any dispute will be exclusively submitted to the district court in Amsterdam, The Netherlands.
Content- definition and Copyright and Trademarks
All the material such as images from Visions as well as all the material on Visions’ website including words, pictures, photographs, moving images, sound and software and other elements is hereinafter collectively referred to as "Content". That Content is owned by Visions and/or its licensors and/or content providers and is protected by copyright law of the Netherlands, international treaty provisions and other applicable laws. Visions’ name and logo is protected under trademark law and tradename law. Persons who use Content are responsible for taking into consideration the rights of the photographer, the photographer's models and other claimants to industrial property rights, including plant breeders' rights. Vision accepts no liability whatsoever for the Client and/or the user publishing the Content. The Client and/or the user indemnifies Visions from any claim that third parties might assert in connection with the use by the Client of the Content. The Client may not copy any Content without Visions’ prior written permission and all Content and the appearance and structure of the site remains Visions’ property. No title or intellectual property right will be transferred to the Client. Visions retains all rights not expressly granted by this license agreement. Copyright notice of Visions shall accompany any work when Content is used by the Client.
Royalty Free collection / Rights Managed collection
The Royalty free collection is available for a one time fee by which the Client will obtain a non-exclusive license for an indefinite period. Use is strictly and only permitted for the Client’s own company-publications or –projects. The Client is not allowed to resell or deliver Visions’ Content to third parties. The Rights-Managed collection is only available subsequent to authorization from Visions. Obtaining a license on that collection will be subject to multiple variables such as use type, period, region, etc. Any license on that collection will never be for an indefinite period and re-use needs prior written authorization from Visions for each and every kind of publication and print run. Any license will remain restricted to the limits of the license at time of purchase by the Client; non-respect of those limits may lead to termination by Visions. Any low resolution download-preview-image may not be used for any other purpose than draft lay-out.
Fees and Payment
Content will only be given a license for by Visions via visionspictures.com once payment has been received by Visions. Payment can be made through the secured payment server by credit card or bank transfer.
An exception for this can only be made for a Client with a payment agreement in which case that Client needs to comply with the payment conditions of that agreement. A Client with a payment agreement on account, will have to arrange payment complying the conditions set by the financial/sales department of Visions. Fees are subject to VAT when required by law and the sum for this will be shown when not included in the sum mentioned on the site. VAT rates may change from time to time and Visions reserves the right to add whatever is the then prevailing rate. Fees are payable in the currency specified on the Visions-website. The Client’s credit card company will calculate the Client’s local currency equivalent and the Client is responsible for any card charges which may be incurred for foreign purchases. When the Client orders the Client will have an opportunity to check the details and correct any input errors.
Visions debits the fee immediately as a pre-payment but this does not constitute acceptance of the order. Visions reserves the right to reject orders and will notify the Client of any rejection. On rejection all fees already paid will be repaid. Although Visions tries to ensure prices on Visions’ website are accurate Visions reserves the right to, if an error or omission has taken place, give the Client, after the has Client made an order, the option of a refund or delivery at the correct price. When the Client places an order Visions’ system confirms receipt of the Client’s order and sets out the details of the Client’s order. The Client’s order is only accepted by Visions when Visions sends an email confirmation to the Client. Any images on the same order which Visions has not confirmed in the confirmation email do not form part of the license. In deciding whether to accept the Client’s order Visions may use the information the Client has given to Visions, or which Visions already holds about the Client, or which Visions receives from any enquiry Visions may make with a credit reference agency, to confirm the Client’s identity. This assists Visions to protect the Client and Visions from fraudulent transactions. If Visions declines the Client’s payment on security grounds Visions may contact the Client to seek an alternative payment method.
Until payment in full has taken place, no rights are granted to the Client. Unless otherwise agreed, payment must take place within 30 days of any invoice date. If this term is exceeded, 2% of the gross invoice amount is owed for every delay of a month or part of a month as well as the reimbursement of all collection charges . In case the Client fails to meet its obligations, including any violation of copyright, the Client is liable for all costs, including interest, which Visions has to make to obtain compliance. The license may in that case immediately be revoked and all use by the Client of Visions’ images must be stopped at once. The Client is also not allowed to use Visions’ images in any way, in case any invoice has not been fully paid, or if the Client fails to meet other obligations towards Visions in any way.
If payments depend in any way on facts or circumstances that are recorded in the Client’s books, Visions is entitled to have a Visions-appointed certified accountant research those books. In case the outcome of this research differs more than 2% from the Client’s payments, the Client is liable for all costs which Visions has to make to obtain payment, as well as all the costs of that research.
Grant of License
Visions grants the Client a non-exclusive and non-transferable license to make printed use or electronic use of purchased images subject to the restrictions set forth in this agreement, conditional upon the payment of the purchase price and the Client’s compliance with the terms of this License agreement. The Client does not get to own any Visions’ Content.
Any printed tangible use, such as for instance (but not limited to) brochures, posters, magazines, newspapers, horticultural labels and packaging, cappers, bench cards, note cards, calendars, magazines and catalogues.
Electronic Use Use in electronic or digital material including screensavers, electronic greeting cards, web site and multimedia provided that the image resolution is no greater than 800 by 640 pixels at 72dpi. The Client is not allowed to post any Content on any electronic bulletin board, or make that available on-line in a downloadable format.
If the Client wishes to make any other additional use of any Visions’ Content, the Client will need prior written permission from Visions.
Loss theft or damage
Visions is not responsible for loss, theft, or damage once the Content has been acquired by the Client.
This license does not permit the following uses
Any Visions’ image may not be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page.
Reservation of Rights and Use of Data
Visions retains all rights not expressly granted by any license. The Client is required, prior to continuing on Visions’ website or to making a purchase, to tick the box granting Visions the right to use the Client’s personal data to fulfill its contractual obligations as well as the right to inform the Client of possibly interesting commercial opportunities as well as to use the Client’s personal data for data mining purposes in the widest sense.
Use of the site visionspictures.com
The Client is allowed to access and make personal use of this website, but not allowed to download (other than page caching and 'Comping Images' and 'Preview Clips') or modify it, or any portion of it, except with Visions’ prior written consent. The Client may not make any resale or commercial use of this website or its contents, any derivative use of this website or its contents, any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without our express written consent.
The Client may not use any meta tags or any other "hidden text" utilizing Visions’ names or trademarks without Visions’ prior written consent. The Client is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page as long as the link does not portray Visions or its products or services in a false, misleading, derogatory, or otherwise offensive matter. Visions does not guarantee that her web site is compatible with all PCs and MAC’s.
The Client is not allowed to use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. The Client is responsible for all electronic communications and content sent from his computer to Visions and the Client may use the website for lawful purposes only, not for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or re-use any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.
Visions does its best to ensure its website is accurate and up to date, but Visions excludes to the greatest extent possible under applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Visions is not liable for any damages of any kind arising from the use of its site, including, but not limited to direct, indirect, incidental and consequential damages. Visions nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of use of, or inability to use, or the performance of, this website or the Content whether or not Visions has been advised of the possibility of such damage .
If links to other sites are given on this web site Visions gives notice that it does not control those third party sites and is not responsible for their content.
Visions is not liable for any loss or delay caused by circumstances beyond its reasonable control including strike, riot, terrorist activity, fire, accident or emergency, changes in law or regulations, trade embargo or other event.
Visions is fully called: Visions botanische- en reklamefotografie B.V., and is situated at Meer en Duin 80, 2163 HC LISSE, The Netherlands. Her telephone number is 0031 252 420446, fax number is 0031 252 421145, email is email@example.com Visions is registered at the Chamber of Commerce Leiden, Netherlands under # 28048642
If links to other sites are given on this web site we do not control those third party sites and are not responsible for their content. Some countries' local laws do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Visions botanische- en reklamefotografie B.V., April 2009.