PHOTOSTOCK HOLLAND

Our Terms

PhotoStock Holland is a device of Dutch Media Productions

Ordering and Payment
After your order, and secure payment via GlobeCharge we’ll send you the ordered picture(s) as well as an invoice by e-mail. After payment, Dutch Media Productions licenses to you the use of image files on a nonexclusive and nontransferable basis. All other rights to the image files and any accompanying materials such as copyright are retained by Dutch Media Productions. You may use the image files just as you want. There is no limitation in quantity or re-using in print or whatever. You are also licensed to change or re-composite the image file to your own needs.

Prohibited Use
You may not use images in any way that constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light, or use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.

Consent
You must be at least 18 years of age to use the Website and accept this Agreement. Dutch Media Productions may require any registrant provide sufficient proof that are at least 18 years of age. Minors can access PhotoStockHolland.com only by having their parent or legal guardian register on their behalf. By opening such an account, the parent or legal guardian authorizes the minor to use and agrees to be bound personally by the terms and conditions of this agreement. Dutch Media Productions may elect at its sole discretion to monitor any area or records pertaining the Website for compliance with this agreement or for any other reason.

Intellectual Property and Privacy Laws.
You acknowledge that the content available through the Website is the property of Dutch Media Productions or its content providers and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. Absent an explicit written statement from Dutch Media Productions stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from Dutch Media Productions or its content providers. Further, Dutch Media Productions makes no claims or warranties as to the validity of the model or property releases associated with any image and such releases should be verified by you and that such usage shall be at your risk.

Disclaimers.
All images, files, and software distributed by Dutch Media Productions are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. And Dutch Media Productions assumes no responsibility for any actions or liabilities arising from their possession or use. Dutch Media Productions disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Dutch Media Productions or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the Website, even if Dutch Media Productions is expressly advised of the possibility of such damages. In no event shall Dutch Media Productions’ liability exceed the fees paid for the use of the files. No oral advice or written information given by Dutch Media Productions, its content providers or the like, shall create a warranty; nor shall customer rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through this Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.

Arbitration
A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in The Netherlands in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum having jurisdiction. This Agreement, its validity and effect, shall be interpreted under, and governed by, the laws of The Netherlands, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright infringement claims shall be brought in the Courts of the The Netherlands. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

Dutch Media Productions reserves the right, at its discretion, to revise this Agreement at any time, and such revision shall be effective immediately upon the posting of the revised Agreement at the Website. You agree to review the Agreement periodically to become aware of such revisions.

You agree that by using this site or images, photos or files from this site, that you are bound by this Agreement. This Agreement evidences the complete understanding of the parties  (you and Dutch Media Productions) with respect to the subject matter hereof and may not be amended, modified or waived in whole or in part except in a writing signed by the parties.

Entire Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DUTCH MEDIA PRODUCTIONS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DUTCH MEDIA PRODUCTIONS RELATING TO THE SUBJECT OF THIS AGREEMENT.