Disclaimer

hollandinfocus.nl

Van Dijklaan 22
1427 AE Amstelhoek

Terms and conditions

Please read the terms and conditions of this contract carefully before using this website and/or ordering photographs. If you agree to these terms and conditions, you must confirm this by clicking the button "I accept the general terms and conditions" before placing your order.

Data protection

To be able to complete your order and provide you with the service you require, we will first need some basic information about you. This information includes the name of your company / organization, the name of the contact person, the address, the telephone number, the fax number, the e-mail address and your Chamber of Commerce registration number. (You already provided this data when you created your account.) We guarantee that this information will only be used to enable us to carry out the requested transaction. You should be aware that using the Internet entails having this data pass through various countries and channels.

1. Ownership rights for the site and the images

This website is the property of Hollandinfocus.nl. The visual material in the database has either been acquired as property by Hollandinfocus.nl or has been provided to Hollandinfocus.nl under license. The content of the database is updated on a regular basis.

The copyright of both the website and the visual material is protected in all countries that have signed the Berne Convention for the Protection of Literary and Artistic Works. Subject to limitations as stated in the Copyright Act, it is prohibited to copy, publish, move or save the website or any visual material from the database for any purpose whatsoever without express permission from Hollandinfocus.nl in advance.

2. Non-exclusive license for use

You will be granted a non-exclusive license to use the visual material that you have selected from the database (hereinafter: ‘the visual material’) subject to the following terms and conditions if and when you have paid the applicable royalties.

• 2.1 The visual material may be used on an internal network or multi-user system in which no more than 20 workstations for computers are in use at one time. The visual material may only be used on computers that are under your supervision.
• 2.2 The visual material may be modified, but only in such a way that the original photo does not become distorted or destroyed.
• 2.3 The visual material may be used for private ends. These are understood to include the duplication for personal use and for showing to the members of one’s family or one’s circle of friends or to others in a position comparable to those.
• 2.4 The license for use allows for the visual material to be used for things like the lay-outs for presentations, sketches, designs, advertising and publicity material, brochures, books, magazines, newspapers, publications, sales presentations and marketing purposes.
• 2.5 The visual material may not be used in connection with or during the production of pornographic, obscene or other such expressions or in any context that could be construed as detrimental to the honour or the name of the photographer or to his value as such.
• 2.6 In the event that one or more persons is recognisably depicted in the visual material (‘portraits’), this material may not be used in such a way that the individual(s) concerned could reasonably have any objections relating to an invasion of privacy. In any case, portraits may not be used in a pornographic, obscene, stigmatising or otherwise defamatory context, nor may they be used in advertising material. Where there is any doubt, the licensee must contact Hollandinfocus.nl before using the material as they intend to use it. The publication of visual material containing recognisable persons will always take place at your own risk.
• 2.7 In the event that the visual material contains buildings or objects that are protected under copyright, such as copyrighted works of art, neither the photographer nor Hollandinfocus.nl will have arranged for the relevant publication rights. Except where you can make an appeal to one of the copyright limitations, you must arrange for the publication rights yourself with respect to these buildings or objects if you intend to publish images of them.
• 2.8 You are not authorised to grant sublicenses for the visual material, nor is the license eligible for transfer. In other words, you may only use the visual material yourself and you may not release it for use by others, regardless of whether or not that would involve payment.
• 2.9 You are allowed to make the visual material available via the Internet in a format not exceeding 72 dpii/600k.
• 2.10 As user / licensee you are responsible and liable for the use of the visual material in accordance with the guidelines stated in clauses 2.5, 2.6 and 2.7. You will indemnify Hollandinfocus.nl and the maker of the visual material against any third-party liability.

3. Length of the contract

The license for use for the visual material is granted indefinitely. Your right to use the material will be terminated immediately and without requiring any warning or injunction from us if you fail to comply with the relevant conditions. In the event that the license for use is prematurely terminated, you must destroy all the material with regard to which the contract has been terminated, including any reproductions that have been made – this specifically includes any copies made on a hard disk or any other data carriers – and you must confirm this for us in writing (which can also mean per e-mail of per fax).

4. Guarantee and limitation of liability

Upon payment of the royalties, the visual material will be made available in a resolution of 300 dpi or higher / better for a format of 2272 x 1704 or larger. Hollandinfocus.nl is not liable for flaws that may turn up in the visual material while it is being sent via the Internet or downloaded into the memory of your computer. If the visual material is damaged or does not satisfy the quality requirements as offered, we will repair the flaws at no cost to you or provide replacement visual material at no cost to you. The key words or search terms and categories linked to the visual material have been determined in consultation with the photographer of the visual material in question. Neither Hollandinfocus.nl nor the photographer can be held liable for any mistakes or shortcomings in this regard. Complaints pertaining to shortcomings must be received by us within 30 days after delivery of the visual material; these must be in writing and state the nature of the defect. If we determine that we are unable to repair the shortcomings satisfactorily within 10 workdays, we are authorised to dissolve the licensing agreement and to return the royalties paid. Any other or further-reaching liability for damages resulting from shortcomings in the fulfilment of our obligations is expressly excluded.

5. Other stipulations

These stipulations are subject to Dutch law. Any disputes arising between us in connection with this contract will be resolved as follows:

• a. For a period of up to three months, the parties shall attempt to settle the conflict amicably under the guidance and supervision of an NMI-approved mediator; the time necessary to find a mediator who is acceptable for both parties will not be deducted from this three-month term.
• b. If, upon expiry of this term or of an otherwise agreed-upon extra term, it turns out that the conflict cannot be resolved in mutual agreement, either party will be allowed to institute legal proceedings against the other party.
• c. The content of clauses 5a and 5b in no way obstructs either party’s authority to request an emergency arrangement or to take precautionary measures.

6. General terms and conditions

The conditions for use mentioned here apply to the use of the visual material and the database of Hollandinfocus.nl and have been accepted by the user by means of a confirmation and the placement of the order.