TERMS AND CONDITIONS VISIONS B.V. (VERSION NOVEMBER 2018)

 

Preamble

The following terms and conditions (“Terms & Conditions”) govern the use of the website visionspictures.com (“Website") provided by Visions, Botanische- en Reklamefotografie B.V. (“Visions”) and also comprises a license agreement between you, your company, your employer, your client or the final beneficiary of the license (“Client”) and Visions regarding the purchase of any image. By purchasing or using an image or otherwise exercising any right granted under the Terms & Conditions the Client agrees to be bound by this license agreement. If the Client does not wish to accept these Terms & Conditions, the Client cannot make any purchases.

 

1. Content, copyright and trademarks

1.1 All material such as images from Visions as well as material on the Website including (but not limited to) words, pictures, photographs, moving images, sound and software and other elements are hereinafter collectively referred to as "Content". The 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 trade name law.

1.2 Clients who use Content respect the rights of the photographer, the photographer's models and other claimants to intellectual property rights, including plant breeders' rights. Visions does not accept any liability for the Client that may arise by publishing the Content.

1.3 The Client indemnifies Visions from any claim that third parties might assert in connection with the use of the Content by the Client. The Client shall not use any Content without Visions’ prior written permission and all Content and the appearance and structure of the Website 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.

 

2. Use of the website

2.1 The Client is allowed to access and make personal use of the Website, but is not allowed to download (other than page caching and 'Comping Images' and 'Preview Clips') or modify (any portion of) the Website, except with Visions’ prior written consent. The Client shall not make any resale or commercial use of the Website or its Content, any derivative use of the Website or its Content, any downloading or copying of account information for the benefit of another company or any use of data mining, robots, any automatic system in this matter, or similar data gathering and extraction tools. The Website or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without Visions’ express written consent.

2.2 The Client shall not use any meta tags or any other "hidden text" utilizing Visions’ trade names or trademarks without Visions’ prior written consent. The Client is only authorized 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 the Website is compatible with all operating systems.

2.3 The Client is not allowed to use the Website in any way that causes, or is likely to cause, the Website or its access to be interrupted, damaged or impaired in any way. The Client is responsible for all electronic communications and content sent from his or her computer to Visions and the Client shall use the website for lawful purposes only. The Client is prohibited to use the Website 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. Furthermore, the Client is prohibited to cause any damage to third parties as a result of software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".

 

3. Grant of Licence

3.1 Visions grants the Client a non-exclusive and non-transferable license to make printed or electronic use of purchased images subject to the restrictions set forth in these terms and conditions, conditional upon the payment of the purchase price and the Client’s compliance with the Terms & Conditions.

3.2 Printed use shall contain any printed tangible use, such as (but not limited to) brochures, posters, magazines, newspapers, horticultural labels and packaging, cappers, bench cards, note cards, calendars, magazines and catalogues.

3.3 Electronic use shall contain the use in electronic or digital material such as (but not limited to) screensavers, electronic greeting cards, websites 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 such available online in a downloadable format.

3.4 If the Client wishes to make any other additional use of any Visions’ Content, the Client shall need prior written permission from Visions.

3.5 No images of Visions’ shall be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or webpage.

3.6 Visions retains all rights not expressly granted by any license.

3.7 Visions shall not be responsible for loss, theft, or damage once the Content has been acquired by the Client.

 

4. Royalty Free collection / Rights Managed collection

4.1 The Royalty Free collection is available for a onetime fee by which the Client shall 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.

4.2 The Rights Managed collection is only available subsequent to authorization from Visions. Obtaining a license on this collection shall be subject to multiple variables such as use type, period, region, etc. The Client is only allowed to obtain a license for a certain period of time. Reuse needs prior written authorization from Visions for each and every kind of publication and print run. Any license shall remain restricted to the limits of the license at time of purchase by the Client. Breach in this matter gives Visions the right to terminate the agreement immediately (without any reimbursement right). Any low resolution “download-preview-image” shall not be used for any other purpose than draft lay-out.

 

5. Fees and Payment

5.1 The client will only be given a license for by Visions via visionspictures.com once payment has been received by Visions. Payment shall be made through the secured payment server by credit card or bank transfer.

5.2 An exception shall only be made for a Client with a payment agreement in which case the specific 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 shall 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. The Client shall have an opportunity to check the details and correct any input errors after each order.

5.3 Visions shall debit the fee immediately as a pre-payment but this does not constitute acceptance of the order. Visions reserves the right to reject orders and shall notify the Client of any rejection. Although Visions tries to ensure that all prices mentioned on the Website are accurate, Visions reserves the right to, if an error or omission has taken place, give the Client 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 if Visions sends a confirmation email 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 a third party (eg. credit card 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.

5.4 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, 8% of the gross invoice amount is owed for every delay of a month or part of a month. In case the Client fails to meet its obligations, including any violation of copyright, the Client is liable for all costs (thus also all legal costs), including interest, which Visions has to make to obtain compliance. The Client is 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.

5.5 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 to 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.

 

6. Liability

6.1 Visions shall do its best to ensure the 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 the Website and the Content, including, but not limited to direct, indirect, incidental and consequential damages. Visions nor its directors, employees, licensors, content providers, affiliates or other representatives shall 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, the Website or the Content whether or not Visions has been advised of the possibility of such damage.

6.2 Visions shall not be held liable for any loss or delay caused by circumstances beyond its reasonable control including a strike, riot, terrorist activity, fire, accident or emergency, changes in law or regulations, trade embargo or other event.

 

7. General

7.1 These Terms & Conditions are, governed by the laws of The Netherlands. Any dispute will be exclusively submitted to the district court in Amsterdam, The Netherlands.

7.2 Visions is aware of the significance of data protection and the confidentiality of personal data and observes this. The data protection of Visions, which are integrated into the Privacy Statement, describe the personal data which Visions collects, how this data is managed and how the Client’s data is protected.

7.3 Visions is entitled to change these Terms & Conditions at any time and the Client is legally bound by such change.

7.4 Any terms and conditions of the Client, or conditions which deviate from these Terms & Conditions are not applicable.

7.5 In case an individual provision of these Terms & Conditions will be invalid in whole or in part, then this will not affect the validity of the remaining provisions of the remaining clauses. In this case the contractual parties will enter into negotiation, the aim of which is to replace the invalid provision by a clause which reflects as closely as possible what the parties intended to achieve with the existing provision from an economic perspective.

 

 

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Please send any questions about Visions and these Terms & Conditions to:

Visions, Botanische- en Reklamefotografie B.V.

Meer en Duin 80

2163 HC Lisse, The Netherlands

telephone number: 0031 (0)252 420446

email: pictures@visionspictures.com

Visions is registered at the Chamber of Commerce Leiden, Netherlands under number 28048642.

 

If links to other sites are given on this Website 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.