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Terms and conditions for licensees

Version 1.0 | Denmark

Section 1. Introduction, scope and amendment of terms and conditions:

1. These present use terms and conditions represent a legal license agreement concluded between Filterimages ApS and the Licensee in respect of the Licensee’s purchase of the use right to pictures from the services of Filterimages ApS. By downloading a picture from the services of Filterimages ApS, you accept to enter into a license agreement subject to these present terms and conditions, and you shall undertake to guarantee that the information you provide in respect of invoicing, address and the similar are correct and satisfactory.

 

2. “FILTERIMAGES terms and conditions for licensees” may be subject to amendments, and by your acceptance of these present terms and conditions, you recognise that Filterimages ApS shall unilaterally be entitled to introduce such amendments coming into effect in respect of future purchases. As a Licensee, you will be informed of such amendments, and you are encouraged to familiarise yourself thoroughly with such new terms as they will come into effect for any subsequent purchase of use rights from the service of Filterimages ApS. In the event that you do not accept new user terms when they are introduced, you will neither gain access to acquire use rights nor to download pictures from the services. 

 

3. It shall at all times be the use terms in force on the date of the invoicing of the use-right to a picture which shall control the use right.

 

Section 2. The parties to the agreement:

4. This agreement is concluded between Filterimages ApS as licensor and the Licensee. The Licensee will be you or the legal entity you represent and on whose behalf you enter into an agreement as user of Filterimages ApS’s services (in this present agreement referred to as the Licensee). It is a precondition that the Licensee’s country of residence is identical to the country of the invoice address. Filterimages ApS is a Danish registered private limited company operating under CVR no. 36073861 (in this present agreement referred to as “Filterimages ApS”).

 

5. In addition to this present agreement, Filterimages ApS has concluded an agreement with the Photographer. The Photographer shall be construed as the person having taken the picture and hence the owner of the copyright to the picture. The agreement concluded between Filterimages ApS and the Photographer gives Filterimages ApS the right to conclude this licence agreement with the Licensee.

 

Section 3. The use right

6. Pictures to which use right may be acquired form services owned by Filterimages ApS shall be protected by Danish and international copyright legislation. Filterimages ApS, who shall be in control of the copyright, operates as the distributor of the use right of all pictures within the scope of all services owned by Filterimages ApS. All rights, comprising copyrights, shall belong to Filterimages ApS or the photographer having supplied the picture to the services of Filterimages ApS.

 

The use right

7. The Licensee purchases a use right from Filterimages ApS. Such use right grants the Licensee the right to global and eternal personal use, editing and reproduction of the picture. The Licensee shall not be entitled to further transfer the acquired right of use and, also, the right of use shall not be exclusive to the Licensee.

 

8. The reproduction of a picture shall be allowed for the following purposes and in the following media:

• Websites on the world wide web where the picture shall be uploaded in the resolution necessary and not in a higher resolution.

• Digital media directed at public presentation in connection with marketing and advertising or the publication of journals, newspapers, dailies, books and the similar.

• Computer software and multimedia, comprising video, film and streaming services.

• Printed media intended for public presentation in connection with marketing and advertisement or the publication of journals, magazines, newspapers, dailies, books and the similar, packaging for products, visiting cards. 

• For decorative purposes for own use not intended for resale, public presentation or any other commercial use.

 

Use outside of the scope stated above shall be subject to separate agreement with Filterimages ApS. 

 

9. Products/works prepared through the application of pictures purchased from Filterimages ApS shall be subject to the same limitations as the original picture, and Filterimages ApS shall continue to hold all rights to such pictures albeit in respect of the Licensee’s right to application of the pictures in pursuance of the terms and conditions of this present agreement. 

 

10. Any other right than those mentioned above shall be reserved Filterimages ApS and/or the originator of the picture.

 

Section 4. Limitations:

11. The right to use, edit and reproduce the pictures shall be granted subject to the following limitations:

 

12. The use right shall at all times be conditional on payment to Filterimages ApS. Late payment or payment by dud means shall have immediate consequences for the acquired right of use as for your account. Likewise, any previously acquired use rights shall lapse without notice in the event of violation of this provision.

 

13. Pictures acquired from Filterimages ApS may only be applied in compliance with the use rights set out in article 3.

 

14. No picture may be resold or redistributed digitally to any third party, via shared drive, online drive, e-mail or the similar. Upload of pictures to websites in larger formats than necessary shall be considered an attempt at sharing access to the picture. The Licensee shall, however, be entitled to perform one sole transfer to a third party for the sole purpose of such a third party’s printing and/or manufacturing the Licensee’s product with the incorporation of pictures obtained from Filterimages ApS in pursuance of the terms of this present agreement.

 

15. The Licensee shall not be entitled to redistribute pictures purchased from Filterimages ApS, comprising the Licensee’s selling, hiring, sublicensing or any other means of transferring the right to the pictures to a third party or in other ways sharing the picture with other parties.

 

16. In the event that a picture from Filterimages ApS is acquired and applied for use in the performance of work for a third party, the Licensee shall undertake to carefully register the details of the application of the picture, comprising the date of application, the identification number of the picture, and the name of the physical or legal person for whom the work is carried out. Upon request, such information shall be surrendered to Filterimages ApS. The Licensee shall not be entitled to apply the same picture in work for another third party without simultaneously acquiring a new license to the picture.

 

17. Any public internet presentation of a picture as a single file in a digital format shall be prohibited unless reasonable technical provisions have been made to prevent third parties from straightforward use of the picture. Such behaviour shall be construed as unlawful distribution of the picture and an unlawful competition with the services of Filterimages ApS. Similarly, the Licensee shall not be entitled to make any kind of resale of pictures purchased from Filterimages ApS. This comprises, but is not limited to, the use of pictures in website drafts.

 

18. Any reproduction of the picture, be that by way of posters, wallpaper, fabric pictures, logos on objects or otherwise, be that for resale or distribution, shall only be permitted in so far as this has been clearly set out in section 3.

 

19. The Licensee shall undertake to take all commercially responsible steps to prevent third parties from copying the pictures. If the Licensee becomes aware of unauthorised use of pictures from Filterimages ApS, the Licensee shall be under an obligation to notify Filterimages ApS about this. 

 

20. The Licensee shall not be entitled to use pictures from Filterimages ApS in any way which may infringe on the rights of third parties, comprising, but not limited to, trademarks and intellectual property or to give rise to misleading marketing or disloyal competition.

 

21. Pictures from Filterimages ApS must not be used in any way which may be offensive to the general public. Such as for example, but not limited to use of pictures in connections which may be 1) slanderous or of a defamatory nature, 2) pornographic, 3) advertisement for stimulants, 4) advertisements for strip clubs, escort or dating pages, 5) political statements, 6) advertising for alternative medicine, nutritional or dietary supplements or drugs, 7) in instances involving a person in amoral or unlawful situations. Should the Licensee desire a picture for such “sensitive application”, such use shall take place only on the provision of prior contact to Filterimages ApS for a discussion of available options.

 

22. Pictures acquired from Filterimages ApS must not be used on social media in ways that contravene the rights set out in section 3 and the limitations stipulated in section 4.

 

23. In the event of violation of the limitations set out in section 4, a contract penalty of DKK 40,000.00 shall become payable for each breach committed. Contract-penalty payment shall not revoke the limitation condition and, likewise, such payment shall neither limit Filterimages ApS’s access to assert a claim in pursuance of the general provisions of Danish law nor Filterimages ApS’s access to seek enforcement of the provision by other remedies. Violation of the provisions concerning limitation may be countered by prohibitory injunction without administration bond. 

 

Section 5. Accreditation

24. The Licensee shall not be entitled to present pictures purchased from Filterimages ApS in ways implying that the Licensee or another person than the original photographer has created the picture.

 

25. The Licensee shall, in connection with the use of pictures from Filterimages ApS, specify this by linking to www.filterimages.dk or, alternatively, the following formula may be applied: “”name of photographer”/filterimages.dk”. 

 

26. If use takes place in connection with a media in which it is not feasible to simultaneously give ccredit subject to the above, reasonable commercial efforts shall be made towards otherwise allowing for the accreditation referred to above.

 

27. Unintentional omission of accreditation shall not be construed as violation of this present Licence agreements provisions, albeit on the condition that any omitted accreditation is rectified upon Filterimages ApS’s request. 

 

Section 6. Miscellaneous

28. Filterimages ApS may potentially monitor the use of accounts for the purpose of preventing abuse of login and picture access.

 

29. Repayment shall be made to the extent that this is required by law. The closing of an account owing to violation of the terms and conditions set out in this present agreement shall not release repayment. 

 

30. Any repayment shall be made to the means of payment applied for payment. In the event of payment by credit card, the amount will be reversed to the credit card. For payment via bank transfer, reversal shall take place to this bank account.

 

31. As a consumer, you shall be entitled to cancel your acquisition of a use right within a fortnight after your payment and to reversal of your payment. This shall not apply, however, if you have already downloaded the picture or exploited another of the Filterimages ApS services.

 

32. You cancel your account by taking contact to Filterimages ApS’s customer service via e-mail.

 

Section 7. Liability

33. In the event of the Licensee’s application of pictures in contravention of this present agreement, the Licensee shall be under an obligation to compensate Filterimages ApS and discharge Filterimages ApS from any liability for damages which may arise as a consequence of the Licensee’s application of the picture in violation of this present agreement.

 

34. Should you accede to these terms and conditions on behalf of en employer, you shall guarantee that you are authorised to do so. Should it turn out that the employer has not authorised you thereto, Filterimages ApS shall be entitled to assert a claim directly against you for violation of this present agreement’s terms and conditions. 

 

Section 8. Warranties and declarations 

35. Filterimages ApS guarantees that pictures downloaded unedited shall neither be of a defamatory, pornographic or indecent nature.

 

36. Filterimages ApS shall not be held liable for the legitimacy of the application of names, trademarks, service marks, logos, copyright protected design, artwork or architecture depicted in a picture. It shall be the Licensee’s own responsibility and duty to ensure that all necessary and satisfactory rights, consents or permissions required for the specific application of an individual picture have been obtained.  

 

37. Filterimages ApS shall not warrant the legitimacy of the application of identifiable depicted models, persons or animals in a picture. It shall be the Licensee’s own responsibility and duty to make sure that all necessary and satisfactory rights, consents or permissions required for the application of the individual picture for the desired objective have been obtained. 

 

38. Photographers transferring pictures to Filterimages ApS’s services issue guarantees to Filterimages ApS stating that they have all necessary and satisfactory rights to do so together with all necessary and satisfactory rights in respect of Filterimages ApS’s distribution of the adjusted use right set out in these present terms and conditions.

 

39. The Licensee shall himself/herself carry the risk of and responsibility for any the use of the individual picture and, likewise, the quality of the individual picture used as regards the intended purposes shall be the sole risk and responsibility of the Licensee. The Licensee has been recommended to seek competent legal and technical advice prior to his/her use of pictures on or in connection with goods, services and any other commercial objective. 

 

40. In the event of any doubts or queries as to subsisting rights as regards applications objectives, the Licensee is recommended to take contact to the photographer. The photographer’s contact information can be found on the picture page.

 

41. If you act on behalf of an employer or another entity than yourself personally, you shall declare to be authorised to and of full legal capacity to enter into this present agreement on behalf of such entities in pursuance of Danish law. Should it subsequently turn out that you do not have the satisfactory authority of legal capacity to act, then you shall, in pursuance of Danish law, be personally liable in respect of the loss incurred by Filterimages ApS.

 

Section 9. Applicable law

42. Any dispute as to the interpretation of this present agreement shall be brought before the Law Courts of the Kingdom of Denmark, in pursuance of Danish law.