Version 2 July 2014
By registering for a user account on Kuvva Market Place or using artwork from Kuvva Market Place you accept, as part of an agreement with Present Plus BV (‘We’, ‘Us’ etc), the legal entity that provides Kuvva Market Place, the conditions as explained in this agreement;
1. Your License
- We grant you a worldwide, non-exclusive, non-transferable license for all photographs, images, illustrations and other artwork (‘Artwork’) that can be used across all media, unless it is marked ‘Editorial Use Only’.
- Artwork that is marked as ‘Editorial Use Only’ can only be used for non-commercial purposes, for example in newspaper or magazine articles, on blogs or websites for descriptive purposes or in non-commercial presentations. Artwork that is marked as ‘Editorial Use Only’ can not be used in any kind of advertising or promotional material for an indefinite time period.
- You have the right to crop, resize, create black and white versions and place copy over the artwork. Present Plus BV/the artist retain the IP rights to the Artwork.
- If you license Artwork on behalf of a client, employer or other authority, this client, employer or other authority acquires the license to the Artwork under this Agreement. If you license Artwork on behalf of a client, employer or other authority, you certify that you have the full authority to do so. In case you do not have such authority, you will be personally liable for any breach of the terms of this Agreement. You must obtain separate licenses for each individual client or customer for whom or which you acquire Artwork.
- Editorial use only licenses are for 1 year in printed media and may be used indefinitely online, meaning that after the first year any existing digital media utilising Kuvva artworks will not have to be removed.
- Non-Editorial or commercial licences are both valid for up to 1 year. If you want to continue to use the Artwork after 1 year, you are required to renew the license, with the exception of digital editorial media (see No.5 above)
2. Restrictions on your use of the Artwork
You are not allowed to:
- Use the Artwork for the creation of items or products for distribution and/or sale, such as t-shirts, mugs, posters, postcards, mobile phone covers, print on demand products and other items. However, you may incorporate Artwork into printed publications, including but not limited to books, book covers, magazines and newspapers;
- Make Artwork available or use the Artwork in a digital format so that the Artwork can be reused by multiple users;
- Use any Artwork together with pornographic, defamatory, or otherwise unlawful or immoral content that promotes hatred or violence towards groups of people based on their race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity or in such a manner that it infringes upon any third party's trademark or intellectual property rights;
- Use any Artwork in such a way as to imply that any model depicted in the Artwork personally uses or endorses a product or service, or endorses any political candidate or controversial opinion without a clear and conspicuous disclaimer that the person depicted in the Artwork is a model;
- Use any Artwork depicting any model in a way that implies that the depicted person suffers from any physical or mental infirmity, ailment or condition, unless accompanied by a clear and conspicuous statement indicating that the person is a model and the Artwork is being used for illustrative purposes only;
- Give the false expression that any Artwork is created by you or a person other than the copyright holder(s) of such Artwork;
- Use any Artwork (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof; or
- make derivative artworks, compile with other images so as to alter the original image;
- change the original colour of the image, unless converting to black and white;
- Use any Artwork marked ‘Editorial Use Only’ for non-editorial purposes.
3. Intellectual Property Rights
- Copyright and other intellectual property laws from the Netherlands and European treaties protect all Artwork, as well as the selection and arrangement of the Artwork.
- Any unauthorized use of any Artwork may violate these laws and this Agreement.
- We charge a fixed fee of €500 per license.
- You can use the Artwork on the condition that you have made payments for all amounts due to Us.
- If you fail to make a payment to Us when it is due or if a credit card charge is refused or charged back, your right to use any Artwork that you have downloaded but not yet paid for will terminate unless all payments are received.
5. Indemnity and Limitation of Liability
- You will defend, indemnify and hold harmless Present Plus, including its employees and affiliates, from and against any claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of this Agreement.
- This limitation of liability does not intend to exclude Our liability for the intentional and/or deliberate recklessness of Present Plus employees (“their own acts”) and/or the management of Present Plus.
- In no event will Present Plus be liable to you or to any third party for any damages arising out of use of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not Present Plus has been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose.
- Present Plus will not accept any liability for damage as a result of an attributable failure in the performance of this Agreement or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Website and/or the impossibility of using it insofar as this is allowed under mandatory law.
- In the event Present Plus is liable for damage under mandatory law, Present Plus’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.
6. Controlling Law and Jurisdiction
- These rights and obligations arising out of or in connection to this Agreement shall be construed, governed, interpreted and enforced according to the laws of the Netherlands.
- The exclusive jurisdiction and venue of any action with respect to any subject matter relating to this Agreement will be the courts located in Amsterdam, the Netherlands, unless stipulated otherwise by mandatory Dutch or international laws. You waive any objection to jurisdiction and venue in the courts of the Netherlands.
7. Changes, invalidity, termination
- We may make changes to this Agreement. You will always receive a prior written notification of these changes before they become part of this Agreement. We will send the notification to the email address you provided to Us. If you don’t agree with the changes, do not download any Artwork after the changes took effect.
- Invalidity of one of the terms of this Agreement does not affect the validity of the other terms.
- We may terminate your account without further notice if you breach any of the terms of this Agreement or violate any law or regulation in relation to your use of the Artwork.
- If you have any questions about or concerns relating to this Agreement, contact us at firstname.lastname@example.org or call +31 (0)20 8 934 333