| TERMS AND CONDITIONS FOR USE OF THE WEBSITE DATABASE OF VISIONS B.V. (www.visionspictures.com) AND PURCHASE OF CONTENT This document sets out the terms and conditions for use of the website database visionspictures.com of Visions Botanische en Reklame fotografie B.V. (Visions) and comprises a legal agreement between Client (you) and Visions. Please read all these terms carefully before using the site or purchasing any image from Visions. By purchasing or using an image or otherwise exercising the right granted under this agreement you agree to be bound by this agreement. If you do not wish to accept the terms and proper use of the site, do not continue with any purchase. If you are entering this agreement on behalf of your employer, the licence granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this Agreement. General
This License Agreement is governed by the Laws of The Netherlands. All images are the property of Visions and/or licensing partners, and are protected by international treaty and copyright law. Visions has the ability to change these agreements at any time and you are bound legally by these changes. Royalty Free / Right Managed Definitions
The collection of pictures on our website has two categories: Royalty Free and Rights Managed pictures. Royalty free does not mean the images are free. This Royalty Free License grants you the non-exclusive use of the image(s) you’ve selected to be used in any number of projects (as defined in printed and electronic use) for just a ONE-TIME FEE at the terms and copyright prices mentioned on the website. However Rights-Managed pictures have to be authorised for each and every kind of publication and printrun, they will be rights managed, so a certain exclusivity is guaranteed for the publication of these RM-pictures. Payment
You agree to pay by major credit card or bank transfer. Once payment has been authorized, the ordered image becomes available for download in "downloads" or, if ordered on CD, the CD will be sent to you within two workingdays. Clients with a payment agreement on account, will have to arrange payment following the conditions settled by the financial/sales department of Visions.
Until payment in full has taken place, no rights are granted to the customer.
Unless otherwise agreed, payment must take place within 30 days of the 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 you fail to meet your obligations, including any violation of copyright, you will be held liable for all costs, including interest, we will have to make to obtain payment.
You are not allowed to use our images in any way, in case an invoice has not been fully paid, or if you failed to meet your obligations in any way. Control
If payments in any way depend on facts or circumstances that are recorded in your administration, we have te right to appoint a RA/AA certified accountant to research this.
In case the outcome of this research differs more than 2% from your administration, you will be held liable for all costs we will have to make to obtain payment. You will then also have to accept a new invoice resulting from this inquest. Copyright and Trademarks
All the material on this web site which includes words, pictures, photographs, moving images, sound and software and other things ("Content"), is owned by Visions or its licensors and content providers and is protected by the Dutch copyright laws, international treaty provisions and other applicable laws. Persons who publish this material are responsible for taking into consideration the rights of the photographer, the photographer's models and other claimants to industrial property rights, including the plant breeders' rights. The photographer accepts no liability whatsoever for the customer or the user publishing the material. The customer or the user indemnifies the photographer from any claim that third parties might assert against the photographer in connection with the publication of the photographic material.You may not copy any material on the web site without our permission and all Content and the appearance and structure of the site remain our property. Visions botanische en reklame fotografie B.V. and Visionspictures.com are our trade names. No title or intellectual property right is transfered to you. Visions retains all rights not expressly granted by this license agreement. Copyright notice of Visions shall accompany work when it is produced. Grant of Licence
Visions grants you a non-exclusive, non-transferable license to use and reproduce purchased image subject to the restrictions set forth in this agreement, conditioned upon the payment of the purchaseprice for the use of the image and your compliance with the terms of this Licence agreement. You not own the image. All rights are owned by Visions and/or licensing partners. Printed Use. Any printed tangible use, such as brochures, posters, magazines, newspapers, horticultural labels and packagings, cappers, bench cards, note cards, calendars, magazines and catalogs. Electronic Use. You may use electronic or digital material including screensavers, electronic greeting cards, web sites and multimedia provided that the image resolution is no greater than 800 by 640 pixels at 72 dpi. You may not post the content on any electronic bulletin board, or make available on-line in a downloadable format. Additional Usage. If you wish to make additional uses of the image, you agree to seek permission from Visions. Loss, Theft, or Damage. The ownership of the image shall remain Visions and its licensing partners. Visions is not responsible for loss, theft, or damage once the image has been delivered. Samples. Any sample images are subject to the same provisions of this agreement. This licence does not permit the following uses:
The image may not be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. Use as a trademark or service mark is not permitted. The image may not be placed on any electronic bulletin board, or online in a downloadable format, or used in a Website at a resolution higher than 72dpi. The image is copyright Visions or its licensors and is protected by the Dutch Copyright laws, International treaty provisions and other applicable laws. No title or intellectual property rights of the Content are transfered to you. Reservation of Rights.
Visions retains all rights not expressly granted by this license. Using the image in a way not covered by this agreement or that is specifically prohibited, without prior written consent from Visions is a violation of Federal copyright law. This license is in force until it is terminated. If you do not comply with the terms and conditions above, this license automatically terminates. At termination, the product must be returned to Visions immediately. License to use the site visionspictures.com:
We give you a limited licence to access and make personal use of this website, but not to download (other than page caching and our 'Comping Images' and 'Preview Clips') or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; 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 commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Visions without express written consent.
You may not use any meta tags or any other "hidden text" utilising our names or trademarks or those of the owners of the Content without our express written consent. Any unauthorised use terminates the permission or license granted by us.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page as long as the link does not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use our trade names or logos as part of the link without our express written consent.
We do not guarantee that our web site is compatible with all PCs and MACs.You must not 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. You understand that you, and not Visions are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website 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 is 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. Liability:
We do our best to ensure the website is accurate and up to date, but we exclude to the greatest extent possible under appilicable law and warranty, expressor implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fintness for a particular purpose we will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental and consequental damages, except for liability of loss or damage to persons or property caused by our negligence and for fraudulent misrepresentation.Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither we nor our 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 your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
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.
We are not liable for any loss or delay caused by circumstances beyond our reasonable control including strike, riot, terrorist activity, fire, accident or emergency, changes in law or regulations, trade embargo or other event.
No action by us, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of this agreement. Should any clause be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Changes
We reserve the right to change these terms, prices, information and our License and Privacy Policy without notice. Entire Agreement
These conditions set out the entire agreement between us and you relating to your use of this website. Additional Purchase Conditions
1. All Content purchase on line and on CD or otherwise is on these terms.
2. You agree to pay the fees set out on our web site for the Content which you purchase in the manner specified. You may pay by any major credit card or debit card or credit account. Prices, offers and products are subject to availability and may change before (but not after) we accept your order.
3. Fees are subject to value added tax where required by law and the sum for this will be shown where not included in the sum mentioned on the site. VAT rates may change from time to time and we reserve the right to add whatever is the then prevailing rate.
4. Fees are payable in the currency specified on the web site. Your credit card company will calculate your local currency equivalent and you are responsible for any card charges which may be incurred for foreign purchases.
5. When you order you will have an opportunity to check the details and correct any input errors. We debit the fee immediately as a pre-payment but this does not indicate acceptance of an order. We reserve the right to reject orders and will notify you of this. On rejection all fees already paid will be repaid. Although we try to ensure prices on our web site are accurate if the wrong price appears through clerical or other error we reserve the right to give you after you place your order the option of a refund or delivery at the correct price.
6. When you place an order our system confirms receipt of your order and containing the details of your order. Your order represents an offer to us to purchase Content which is accepted by us when we send email confirmation to you that for CDs or other content supplied in physical form that we have dispatched that product to you. That acceptance will be complete at the time we send the confirmation email to you. Any products on the same order which we have not confirmed in a confirmation email to have been dispatched do not form part of that contract.
7. When ordering for delivery outside the Netherlands you may be subject to import duties and taxes, which are levied in your home state. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Please note that cross-border deliveries are subject to opening and inspection by customs authorities.
8. For deliveries on CD or other physical media, rather than downloading, you agree to pay, in addition to our fees, our delivery charge. You must also pay all charges relating to internet access to the site such as telephone charges and the charges of your internet service provider. Although we do everything we can to meet delivery times described in that section, delivery times may be affected by factors beyond our control and therefore cannot be guaranteed.
9. In deciding whether to accept your order we may use the information you have given to us, or we already hold about you, or which we receive from any enquiry we may make with a credit reference agency, to confirm your identity. They will check any details we disclose to them against any database (public or private) to which they have access and will keep a record of that check. They will also retain this information and may use it in the future to assist other companies with identity verification. This assists us to protect you and us from fraudulent transactions. If we decline your offer on security grounds we may contact you to seek an alternative payment method.
10. Consumer Sales: As required by European Distance Selling rules and regulations, we are providing you with a summary information that you must receive prior to concluding a contract with us. This applies only to private individuals purchasing otherwise than in the course of a business and not to anyone buying for business purposes. That information is as follows. a). Supplier: The supplier of the Services is Visions Botanische en Reclame fotografie bv, Meer en Duin 80, 2163 HC LISSE, Holland. telephone 0031 (0)252 420446, faxnumber 0031 (0)252 421145, email pictures@visions.nl
b). Main Characteristics of Goods and Services: As described on the part of the site setting out what service you are ordering.
c). Price of the Goods: as set out in the ordering path and in these terms and conditions.
d). Delivery Costs: See above.
e). Arrangements for Payment, Delivery, and Performance:
Payment on line is made, unless otherwise agreed with us, by credit account or by credit card and the procedure is explained in the ordering procedure and in these terms and conditions. Delivery is over the internet. All orders are subject to approval and we reserve the right to reject any order.
f). Statutory Right to Cancel Services: Under the Distance Selling rules and regulations you have a statutory right of cancellation, subject to certain exceptions. By submitting your order you recognize and agree that we will start providing the Content after approval of the order. The decision to approve your order will take place within minutes of you submitting your order. You recognize that the commencement of the Services will cause you to lose the statutory right you have under the Distance Selling rules and regulations to cancel the Services.
g). Validity Period of Offer or Price: We reserve the right to increase prices from time to time with or without notice to you but not after an order has been placed.
h). Minimum Duration of the Contract: Orders are simply on a one-off basis for Content so no minimum service term applies for current Content.
i). Substitute Goods or Services: We reserve the right to modify the content or the nature of the Services upon notice to you.
j). Information on After Sales Service and Guarantees: We do not provide any guarantees with the supply of Content except as provided in our standard License Agreement.
k). Details of Statutory Right to Cancel: As the supply of Content/ Services start almost instantaneously after submission of your order, the statutory right to cancel does not apply and you hereby consent to our providing the Content immediately.
Visions Botanische en Reclame fotografie bv, January 2005. Registered at the Chamber of Commerce Leiden, Netherlands under # 28048642 | |
