1.1. Account: the user-managed environment, to which the user has access after entering the login details;
1.2. Login credentials: User-chosen username and password;
1.3. Agreement: the agreement between Fullcolorstockphotos.com and User is achieved by placing the order by User on the checkout page of Fullcolorstockphotos.com;
1.5. Photographer: the natural or legal person who first owns one or more Works. By photographer is, if applicable, also understood the maker of non-photographic material.
1.6. User: the natural or legal person who is registered as a customer of Fullcolorstockphotos.com and who has access to the database with works at the Website;
1.7. Parties: Both the User and Fullcolorstockphotos.com.
1.9. Website: The website of Fullcolorstockphotos.com, which is accessible by the domain name www.fullcolorstockphotos.com.
1.10. Work: the photos in the database on the Website of Fullcolorstockphotos.com.
3. Account, personal data and privacy
3.1. In order to make use of the Service, User must create an Account with Fullcolorstockphotos.com on the Website.
3.2. The User is solely responsible for maintaining the confidentiality of log-in data. The User is liable for all use that is created by the login credentials of the service. Fullcolorstockphotos.com will assume that the User actually is the one who signs up with his credentials. Once the User knows or has reason to suspect that login credentials have fallen into the hands of unauthorized persons, the User must inform Fullcolorstockphotos.com, without prejudice to his own obligation to take effective measures, such as changing the login details. Fullcolorstockphotos.com is not liable for damages resulting from any unauthorised access to, or use of, the Website and/or the Service by third parties.
3.3. Fulstockphotos.com is at all times entitled to make (1) procedural and technical modifications and/or improvements on the Website and/or in the Service, and to make (2) the Service or the User’s Account (temporarily or permanently) inoperative, or restrict or end these, without prior notice and without liability to User,
3.4. Fullcolorstockphotos.com is in no way responsible or liable to User for any damages arising out of, or as a result of the (interim) (temporarily) unavailability or failure of the Website and/or the Service.
3.5. In the privacy statement, available on the Website, is mentioned which Userdata Fullcolorstockphotos.com needs to create a User Account and how Fullcolorstockphotos.com handles Userprivacy.
4. License terms
4.2. After payment of the fee as determined in article 9 of these conditions and after receiving the confirmation e-mail the User has the right to use the selected Work under the following conditions:
• The editorial license: Work in printed form in an editorial publication in support of an informative text in which no User’s products or services are promoted. Editorial image is for non-commercial, non-promotional purposes. The domain of the editorial license includes newspapers, books and magazines, news and blog posts, film- or video documentaries, news broadcasts, brochures and leaflets on a non-profit basis.
• Work on a not-for-profit informational website or websites for promotional purposes including citation, and intended for an undetermined number of visitors. :The work is an editorial text support. The user is not permitted to use the work in a banner, logo, setup or background unless this is agreed upon in writing as defined in article 4.3.
4.3. The commercial license, as indicated at “Commercial” license on the appropriate page for the Work, includes company Web sites, postcards, canvas, packaging, posters and advertisements including, but not limited to, expressions on billboards, posters, point of sale advertising and ads.
4.4. In the event that User wants to license the Work for commercial purposes and image rights are required, User needs to convince himself that the image right to the relevant work is duly obtained. When in doubt, User contacts Fullcolorstockphotos.com.
4.5. The license gives the User the right to use the work for a goal, edition and application as parties have agreed in the User agreement.
4.6. Changes making the Work affected, maimed or deformed in such a way, that this causes disadvantage to the honour or good name of the photographer is not allowed.
4.7 The license provided to User is non-exclusive, unless expressly agreed between Fullcolorstockphotos.com and the User. User acknowledges that he cannot invoke the right to exclusively use Work, against a third party who has a prior (license-) right on the work in question.
4.8. Fullcolorstockphotos.com has the right to withdraw specific licenses at any time. Immediately after written notice of withdrawal of the license User will stop each reproduction and disclosure of Work and destroy or delete all copies of the work. User must remove the original work of all digital systems.
5. Permitted use
5.1 For the purpose of the use referred to in article 4 the User is allowed to download or copy the Work to the hard disk of the computer of the User.
5.2. The User shall ensure the correct citation of the Work is used in a publication next to or below the work, or in the Colophon in which reference is made to the Work.
6. Restrictions on use
6.1. All rights are reserved to Fullcolorstockphotos.com. Use of the Work, other than use as indicated in articles 4, 5 and 6 is not allowed, unless otherwise agreed. Use that is not allowed includes, but is not limited to:
▪ The transfer or further licensing; the license or sublicense, lease, lend or re-license of work, unless Fullcolorstockphotos.com has expressly given permission in writing;
▪ The disclosure and/or reproduction and/or other use of the Work in any way, as long as the User has not yet fully met all obligations arising from any agreement with Fullcolorstockphotos.com;
▪ Creating/making a derivative use of a work;
▪ The use of a work in a manner that is defamatory, pornographic or obscene, or diminishes the honor and/or good name of the photographer and/or Fullcolorstockphotos.com or otherwise is inappropriate, whether or not directly or in an indirect way by a combination of work with specific topics. This to be solely judged by Fullcolorstockphotos.com;
▪ The use of the work in any way that affects the privacy of the depicted person, or infringes on trade names or marks;
▪ Change the metadata and file name in one of the digital files or placing other information in the files;
▪ Archive, republish and/or transfer and save the Work to a database, unless the express and written consent of Fullcolorstockphotos.com is obtained;
▪ Use of Works to promote a business that offers or licenses photographic works, or in any way competes with Fullcolorstockphotos.com
6.2. In the case of violation of the conditions laid down in articles 4, 5, 6 and 7, and/or any provision in the Agreement, User forfeits an immediately payable, not deductible fine to Fullcolorstockphotos.com of three hundred percent (300%) of the usual fee for such kind of use with a minimum of EUR 250, without prejudice to other remedies under these Terms and Conditions and/or the applicable law, including the right to additional damages.
7. Intellectual property rights
7.1. User acknowledges that all intellectual property rights to the Work, including but not limited to, copyrights, rest with the Photographer.
7.2. Nothing in these Terms of service will be construed as holding a transfer of (intellectual property-) rights in any way or in any size.
7.3. User acknowledges that there can be, on the Work and/or the content (intellectual property) rights of third parties, including, but not limited to, copyright, portrait, model-and/or trademark rights.
7.4. If the context of the publication of the Work causes a reasonable interest to object to publication by the User in the Work portrayed, User is solely responsible for obtaining permission for the publication.
7.5. If the context of the publication requires consent of a trademark holder for the use of the trade mark and/or character, depicted on a work, User is solely responsible for obtaining the necessary permission. Fullcolorstockphotos.com is not responsible for (obtaining) this consent of a trademark holder.
7.6 The user shall indemnify Fullcolorstockphotos.com and the Photographer of all claims related to infringement of intellectual property rights through the use of the Work.
8. Cancellation and termination
8.1. Purchased Works will not be credited.
8.2. The User can cancel the order to one (1) business day after the date of the invoice in writing and to request a final value fee credit if the Work does not meet the technical requirements as agreed in the User agreement.
8.3. Fullcolorstockphotos.com alerts the user that he cannot use the cooling-off period as mentioned in article 7:46 d, paragraph 1 of the Dutch civil code. The service is directly performed, by Fullcolorstockphotos.com with the consent of the User as referred to in article 7:46 i paragraph 5 under 1 of the Dutch civil code.
8.4. If User does not cancel the order within the period of article 8.2., User accepts the content of the invoice and User is obliged to pay the full fee.
8.5. In case of termination of the Agreement, what has already been delivered and/or done by Fullcolorstockphotos.com is not undone and the related payment obligation remains. Amounts charged by Fullcolorstockphotos.com for the rescission in connection with what Fullcolorstockphotos.com in performance of the contract already performed or delivered properly, remain in subject to the previous sentence, payable at the time of the dissolution immediately due and payable.
9. Payment and payment terms
9.1. Per license Fullcolorstockphotos.com will charge User the amount offered or indicated on the Website, being the then-current rate. Unless otherwise noted, all amounts mentioned by Fullcolorstockphotos.com are in euros and exclusive of turnover tax (VAT) and other Government levies.
9.2. Fullcolorstockphotos.com is entitled to unilaterally customize at any time, the applicable prices and rates for licenses. Fullcolorstockphotos.com can also use temporarily, in the context of promotions and actions, other prices.
9.3. The invoice is sent by email to User
9.4. If User remains default after demand or notice, Fullcolorstockphotos.com can pass the claim. In that case, all costs incurred by Fullcolorstockphotos.com, such as process costs and extrajudicial and judicial costs, including the costs for legal assistance, bailiffs and debt collection agencies, in connection with late payments, shall be paid by User. The extrajudicial costs are calculated according to the “Decree compensation for extrajudicial collection costs”, with a minimum of € 40,-.
9.5. Complaints relating to invoices and/or service do not suspend the payment obligations of the user.
9.6. Fullcolorstockphotos.com is entitled to suspend he performance of its obligations under the agreement until User complied to all his outstanding obligations.
10. Warranty, liability and indemnity
10.1. The liability of Fullcolorstockphotos.com for a liable failing in the execution of the Agreement, tort or any other acts or omissions is limited to the compensation of direct damage. The liability of Fullcolorstockphotos.com in respect of direct loss is per event (where a series of related events is considered as one event) not more than the total amount that the User under the Agreement has paid for the work. The total liability of Fullcolorstockphotos.com is, however, in no case higher than € 500,-
10.2. “Direct damage” means only:
• Property damage;
• reasonably incurred expenses that the User would have to make to ensure that the performance of Fullcolorstockphotos.com is in accordance with the contract; However, this alternative damage shall not be reimbursed if the Agreement is terminated by the User (including a dissolution by the competent court for the User) (article 6:265 BW);
• reasonably incurred by the User as to the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of the Agreement;
• reasonably incurred to prevent or limit the damage, in so far as the User can demonstrate that these expenses have led to a limitation of direct damage within the meaning of the Agreement;
10.3. Fullcolorstockphotos.com is not liable for any other damage than direct damage as defined in article 10.2, including, without limitation, consequential damages arising out of or in connection with this Agreement, including, without limitation, loss of profit, loss of turnover, loss of anticipated savings and other similar financial losses such as loss of goodwill or reputation or other incidental, indirect, or compensation by way of punishment or example, of any kind, regardless of whether the User has informed Fullcolorstockphotos.com of such possible damage, damages or loss.
10.4. Fullcolorstockphotos.com is not liable for any damages, including property damage and other disadvantages, which may result from misuse of access data by third parties.
10.5. Fullcolorstockphotos.com is not liable for any damages, including property damage and other disadvantage, arising from infringement of (intellectual property) rights of third parties by reproduction or publication of the Work by User, including but not limited to, copyright, portrait, model-and/or trademark rights.
10.6. Fullcolorstockphotos.com is not liable for any damages, including property damage and other disadvantages, which may result from damage to computer systems by use of the Work.
10.7. User’s right to claim compensation under the Agreement, on the basis of tort or otherwise in any case expire one (1) year after the event occurred in response to which the claim or procedure is set.
10.8. User guarantees that the personal data specified at registration are accurate and complete, and shall indemnify Fullcolorstockphotos.com for any damage, including property damage and other disadvantages, which may result from the inaccuracy or incompleteness of the data.
10.9. User agrees that any change of address will take effect in his account on Fullcolorstockphotos.com within a reasonable period of time prior to this change. In the event of non-compliance with this obligation, the user is liable for any resulting damage.
10.10. In the event of the bankruptcy or receivership of the User, User or his attorney shall immediately inform Fullcolorstockphotos.com. Fullcolorstockphotos.com has the right to terminate any Agreement with immediate effect.
10.11. The preceding paragraphs of this article shall, in the restrictions, not apply if and insofar as the damage is caused by intent or negligence on the part of Fullcolorstockphotos.com or its directors.
10.12. The User shall indemnify Fullcolorstockphotos.com against all damages and costs in and out of court, including – but not limited to – third-party claims, collection fees, statutory commercial interest, fines and forfeited profits, cost of legal assistance, which Fullcolorstockphotos.com suffers or makes as a result of (1) a shortcoming in the performance of the Agreement by the User, (2) any action of the User in the implementation of this Agreement, or (3) a tort (4) infringement of intellectual property rights, portrait rights and/or personality rights.
11. Applicable law and disputes
12.2. Fullcolorstockphotos.com will create a new provision, that approximates the old provision regarding the content and scope as much as possible, without having to be void, invalid or otherwise not applicable.
12.3. Where ever in these Terms and Conditions a written form is required, this requirement can also be met electronically and / or by e-mail.