Terms of use  

 

RegionImages Terms of Use for royalty free images.

 

IMPORTANT: Please read this document carefully before agreeing to the terms of use with RegionImages (royalty free images). This is a legal agreement between you and RegionImages. By clicking the "I accept" icon you agree to be legally bound to the terms of use when downloading and purchasing a product online as stated below. In the event that you do not agree to these terms of use, do not click on the "I accept" icon and download the product. This agreement is between you and RegionImages and is enforced from the date that you clicked on the "I accept" icon. In terms of this agreement, a ’product’ is a graphic, illustration, photograph, vector, film clip or audio clip and all other media and their content. In this agreement, each reference to ’product’ pertains to the product as singular as well as in composite terms. 

When you comply to the terms of this agreement in the capacity of an employee within an organisation, you agree to the terms of the licensing on your employer’s behalf, and the provisions of the agreement will apply to your employer and also to you as a representative of your employer, which from here on in shall be collectively referred to as ’you’. If, for whatever reason, your employment is terminated, this agreement will continue to be upheld by your employer and you shall consent to a new agreement with Regionimages if you wish to continue to purchase products.

 

LICENSE ALLOWANCES 
With respect to the terms and conditions of this agreement, RegionImages grants you a non-exclusive, non-transferrable, limited license to/for:

a. use products from RegionImages for your own means or for your client’s needs, but only under these guidelines:  
i. advertising and promotional material (including advertisements, brochures, books, company newsletters, yearly reports, films, packaging, presentations, TV-commercials and videos);
ii. online and other multimedia content (including computer games, online advertisements, video streaming, web-casts and website design);

iii. broadcasts and theatrical productions;

iv. products or publications (electronic or print);
v. materials for non-commercial use, personal use, sample use, previews and lay-out’s and

vi. all other uses granted by RegionImages in writing, on the condition that:
vii. whoever uses the product is the end user of the product and 
viii. the product is used as outlined in all documentation that accompanies the product and is not used in such a fashion that conflicts with the stated limitations 
b. create a reasonable number of copies of the product solely for back-up purposes. The back-up may only be used if the original product is broken, destroyed or irreparably damaged. 
c. set up a digital library, network configuration, or such similar arrangement in order to share the product with colleagues or clients, on the condition that shared use is limited to no more than 10 individuals. You must contact Regionimages to obtain a supplemental agreement for each additional user prior to their use of the product.  
All rights (including those not expressly granted above) reserved by RegionImages. This agreement is a license and not an arrangement of sale. RegionImages retains ownership and all rights of the product, these rights are protected by the Dutch laws of copyright, international guidelines and other applicable American and international laws. You hereby declare that RegionImages is the exclusive owner/license holder of the products and all intellectual property rights bound to the products.  

 

LIMITATIONS TO THE LICENSE

You may not: 
a. use a product, either partially or in its entirety, in a manner that violates of the terms set out in the agreement; 

b. assign, transfer, gift, lease, license, rent, sublicense or sell any of the rights granted to you under this agreement, even though you may sell or license derivative works with the products. You must conform to the permitted use as stated under paragraph (a) in the "License Allowances" section above;

c. use the product(s) in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive. 

Use a product portraying a model in such a way that would lead people to believe the product is endorsing the model or a service, or the product is linked to ’sensitive issues,’ including but not limited to, contraception, sexual or explicitly sexual activities; sexual orientation; dating services; chat lines; substance abuse, physical or mental abuse, violence, poverty, homelessness; dysfunctional family; alcohol; tobacco; aids, cancer or other serious physical or mental diseases or handicap or serious physical or mental illnesses, or a diagnostic test for yourself. You must provide a statement indicating that the person/people depicted is/are models and are being used for illustrative purposes;  

d. use a product for sale or license where the primary value is the product itself, including T-shirt retailers, posters, calendars and postcards. (If you wish to use the products for these purposes, please contact us on questions@regionimages.com to obtain a commercial/extended license);
e. use a product as a logo, brand or service;

f. use a product in a template or application, online or not, with the aim to create multiple productions of the product, including but not limted to website design templates, presentation templates, electronic greeting cards, business cards, e-business cards or other electronic or printed materials. (If you wish to use a product for these purposes, please contact us on questions@regionimages.com to obtain a commercial/extended license);  

g. use, or make available for use, transfer, license, sell or distribute a product in such a way that someone can request and/or gain access to the product as an electronic file, including placing the product online in a downloadable format, placing the product on an electronic bulletin board or using the product in a greetings card. For clarity purposes, in accordance with the terms of use as stated in paragraph (a) in the "License Allowances" above, you may use the product as part of the website design process, on the condition that the resolution is no higher than 72dpi and that it cannot be downloaded or used in a format that can be exploited by visitors of the website.  

 

OBLIGATIONS OF THE LICENSE
You must:
a. preserve the copyright of RegionImages and their licensors or content providers, and RegionImages’ product identification code, as shown on the product and as part of the electronic file;

b. use the product in accordance with all valid laws, including but not limited to, the laws and arrangements related to copyright ownership and moral rights;
c. immediately give RegionImages the complete data of any claim or imminent claim by a third party with respect to all or a part of the product, and
d. credit a product which is for editorial use as follows: Copyright RegionImages. 

 

DISCLAIMER OF WARRANTY
RegionImages warrants that i) they have all necessary rights and authority to enter into and honour this agreement, and ii) if applicable, the DVD or other media provided to you by RegionImages is free from fault for ninety (90) days from the date of purchase.  The exclusive remedy for a breach in the aforementioned warranty in point ii) is to replace the DVD or other media. OTHERWISE, all products and media provided to you by RegionImages is delivered as is without further warranties or conditions of any kind. 

RegionImages makes no representations with repect to the product or media and, to the extent permitted by applicable law, all statements, warranties, guarantees and conditions of any kind, explicit and implied, with respect to the product or media, including without limitation all statements, warranties or conditions with respect to non-infringement of rights, fitness, quality, merchantability or fitness for a particular purpose. RegionImages makes no representations with respect to the product and makes no warranties with respect to the use of names, trademarks, registered, unregistered or copyrighted designs or works of art or architecture depicted in a product. RegionImages makes no warranty for the accuracy or authenticity of the product or the description of them or the identification of persons, objects or scenes and is not liable for any of the foregoing and you understand the necessary rights and consents regarding any of the above. The representations and warranties in this agreement only apply to the rights protected material provided by RegionImages and are void if the license material is modified in any way or used by the licensee in any way not expressly stated in the agreement or if the licensee is otherwise in breach of this agreement. 

Some jurisdictions do not allow the exclusion of implied warranties, and so the aforementioned may not apply to you.

 

LIMITATION OF LIABILITY

Under no circumstances shall RegionImages be held accountable for indirect, incidental, special, consequential, exemplary or criminal damages for any breach of its warranties or obligations, express or implied, arising from this agreement (including profits or business, missed chances or loss of professional reputation), even if RegionImages has been advised of the possibility of such damages. RegionImages’ entire liability and your complete solution for any damages or loss you may suffer from any cause whatsoever, or action in contract, tort (including negligence), statutory cause of action or another theory of liability shall be limited to the sale of the product. You acknowledge that the product price reflects this allocation of risks and limitation of liability specified in this Agreement.

 

DURATION AND TERMINATION
The license granted is a perpetual license and will only be terminated as outlined below. RegionImages will terminate this agreement automatically and without warning if you do not perform or observe a covenant, condition or provision of this agreement. RegionImages reserves the right to terminate this agreement for any reason or to terminate this agreement regarding a particular product or products.
Upon termination of this agreement, or termination of this agreement in respect to a particular product or products, you agree to:

a. cease all use of the products (or specific product) or DVD or other media which were made available to you;

b. return all DVDs or other media which you received as part of the service;

c. destroy or remove all products (or specific product) from all premises, computers, hard drives, digital media or other storage facilities or devices (physical and electronic), including all copies made of the product(s) and DVDs or other media;

d. ensure that your clients:
i. cease all use of the products (or specific product);
ii. destroy or remove all products (or specific product) from all premises, computers, hard drives, digital media or other storage facilities or devices (physical and electronic), including all copies made of the product(s) and DVDs or other media.


INDEMNITY
You agree to indemnify, defend, save and hold RegionImages, its licensors, employees (including but not limited to, artists, photographers, models, properties) and resellers, from and against any liability, costs, expenses, costs, loss, appeal, claim or damage by third party (including reasonable legal fees) arising or resulting from an infringement, breach of, or breach of any representation, warranty, covenant or agreement herein by you or the result of possible use of a product to you, including:
a. using a product in violation of this agreement;
b. using a product not in accordance to the terms stated in this agreement;

c. using a product in a way that violates or infringes any right(s) of another person, including the use of a product with out the appropriate model releases, consents or waivers of moral rights; and
d. unauthorized use by a third party.

 
CESSATION

You may terminate this agreement in whole or in part with out RegionImages’ approval. RegionImages may terminate thsi agreement with out your approval. 
 
DIGITAL FILE CONDITION 
You are responsible for processing the digital file of a product regarding the implementation of reproduction. Consequently RegionImages and its content suppliers or licensors are not responsible for any damage caused by a defect or alleged defect in a digital file or title or otherwise during the reproduction.


APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of laws applicable to them, and treated in all respects as a Dutch contract. The parties in this agreement are hereby irrevocably and unconditionally assigned to the exclusive jurisdiction of the courts of The Hague and all courts competent to hear such appeals. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded by this agreement and this agreement will be governed by that treaty.


ENTIRE AGREEMENT 
This Agreement supersedes any prior statements, understandings, negotiations, understandings and agreements between the parties, whether written or oral, regarding the subject matter hereof and sets forth the entire, complete and exclusive agreement and understanding between the parties with respect to the subject; no party has appealed to any representation, arrangement, understanding or agreement (written or oral) not expressly set out or referred to in this agreement.

Any descriptions of products and any written material used are to facilitate or promote the products for purposes of identification only and are not to be construed as a guarantee.

 
AMENDMENT AND ABOLITION 
This Agreement may be amended only by written agreement. No waiver or consent by RegionImages for a breach or default of this agreement by you shall be proven effective unless in writing. No waiver or consent effective as aforementioned will operate as a waiver or consent or other right or subsequent breach or other default concerning the same or any other provision of this agreement.


SURVIVAL
Such provisions of this agreement which, by their nature, would be expected that the termination of this agreement survive any such termination.

 

VIOLATION
In the event of a breach of this agreement by you, you agree to be responsible for reasonable legal costs for RegionImages and its licensors and contributions in the event that RegionImages or its licensors or contributors are required to enforce their rights by starting an action under these provisions.


TRADEMARKS

Images regions and their respective logos are trademarks of RegionImages BV. All other trademarks are the property of their respective owners.

Copyright © RegionImages BV. All rights reserved.

 
RegionImages
van Zuylen van Nijeveltstraat 7
2242 AH Wassenaar
Tel: +31 (0) 70-514.61.33