TERMS OF USE

These Terms of Use apply to www.colourbox.com and other websites operated by colourbox.com ApS ('the Website').

By entering the Website, you accept to be bound by these Terms of Use. Additional information on the use of colourbox.com products and services is provided in the colourbox.com Licensing Conditions, which take precedence over these Terms of Use.

Any deviation from these Terms of Use must be in writing and signed by colourbox.com in order to be valid.

Rights to the Website

The entire contents of the Website, including layout, texts, photos, and sound, are copyrighted or trademark protected materials owned by colourbox.com or its content suppliers.

Any use, copying, redistribution, retransmission, publication, modification or similar use of the contents of the Website in any form without the written consent of colourbox.com is strictly prohibited and may result in both civil and criminal law sanctions.

In order to use any of the contents of the Website you must enter into an agreement with colourbox.com either for the purchase of one or more single photos or for a license to use the entire Website.

Children

colourbox.com does not intend to solicit or collect personal information from anyone under the age of 15. If you are under 15 you should not use or enter information on this Website.

Disclaimer

You assume full responsibility and risk for use of the Website.

colourbox.com is under no circumstances liable for any losses, including loss of revenue, loss of business, loss of anticipated savings or loss of information suffered as a result of use of the Website or any of the services available at the Website.

colourbox.com assumes no liability for the functionality of the Website and cannot be held liable for errors in programs, calculations, transmission or other errors resulting in you receiving incorrect or inadequate information.

colourbox.com does not make any express or implied warranties, representations or endorsements whatsoever(including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website.

All offers are subject to misprints, miscalculations, changes in taxes, duties, tariffs and levies and availability.

Linking and framing

The Website may contain links to third parties' websites. colourbox.com has no control over such websites and are under no circumstances responsible or liable for the contents on such websites or other websites linked thereto.

Hyperlinks may only be made to the start page of the Website. Links to the underlying pages requires prior written consent of colourbox.com. The contents of the Website may not be placed in frames on third parties' websites (prohibition against framing).

colourbox.com may without notice demand links to the Website removed.

PRIVACY

Introduction

colourbox.com respects your ability to make informed choices about the collection and uses of your personal information. This privacy policy tells you about our online collection and use of information that identifies you personally ('Your Information') so that you can make an informed choice about using this Website.

Websites we link to, including but not limited to the websites of third-party content partners, may have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked websites and encourage you to become acquainted with them.

Information Collected from the Website

When you visit this Website, some information, such as the website that referred you to us, your IP and email address and navigational and purchase information, may be collected automatically as part of the Website's operation. This information is used to generate user profiles and to personalize the Website to your particular interests. On some occasions we may ask you to provide information on online forms. For example, we may ask for your username, password, place of birth, full name, telephone number, email address and postal address, or other information to register online, or for your credit card number or other personally identifying information to fulfill licensing transactions or to receive products or services. We may also ask you about your age, hobbies, income, gender or other information to participate in surveys or other online activities.

Providing information on online forms is always voluntary, and you are free not to complete any online forms. If you choose not to, however, some products and services may not be available to you.

How We Use Your Information

Information collected online is stored indefinitely and is used for various purposes, including processing your transactions, customer service, product and service development, direct marketing and marketing analysis, facilitating your use of this Website and customizing your image selection to your particular interests.

colourbox.com does not use Your Information for marketing purposes, including direct emails, unless you have given us your consent to such use.

Disclosure of Your Information

colourbox.com respects your privacy and does not share or in any other way disclose of Your Information to third parties, unless in the following circumstances: You have given us your consent to disclose Your Information. It is necessary for us to share Your Information in order to deliver the product or the service that you have requested. It is necessary for us to disclose Your Information to a third party content partner in order to deliver a product or service to you. Unless otherwise provided, these third parties may not use Your Information for other purposes than assisting us. Disclosure of Your Information is requested by law or necessary for us to comply with legal process, respond to claims or protect the rights, property or safety of our company, employees, customers or the public.

About Cookies

When you visit the Website, we place a text file called a cookie in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and purchase activity. Cookies offer you many conveniences. They allow colourbox.com, and certain of its subsidiaries and third-party content partners, to recognize information, such as the lightboxes you have created, and assist in determining what content is best suited to your needs. Cookies also allow you to retrieve previous image search results, access lightboxes with ease and view your previous invoices.

Most browsers allow you to decline cookies, but if you elect to do so, these pages may not display properly. You are free to delete cookies after your session, and your browser should contain instructions on how to do this.

Promotional Information

If you want to receive promotional information from colourbox.com, you can check the appropriate box on your online registration form or, in the event an online registration form is not available, by notifying your account executive.

If you chose to receive promotional information when you registered and later decide that you are not interested in receiving this information, you can opt out at any time by sending an email to sales@colourbox.com or speaking with your account executive.

Reviewing, Updating or Correcting Your Information

If you would like to review, revise or delete information you previously provided to us, or believe that the information we currently have on record is incorrect, you may update or delete your information in the account section of our Website or by sending an email to sales@colourbox.com.

Name and Password

You are obligated to keep your user name and password confidential and may not reveal it to third parties. It is prohibited to gain or attempt to gain access to the Website without authorized user name and password.

Questions or Concerns

If at any time you have questions or concerns about the Terms of Use, or colourbox.com's compliance with the privacy policy, please let us know by sending an email to sales@colourbox.com. We will make reasonable efforts to identify and correct any problem.

Changes to the Terms of Use

We reserve the right to change the Terms of Use at any time. We encourage you to review the Terms of Use regularly to make sure that you are up to date and that you understand how we use the information we collect.

Applicable Law and Jurisdiction

These Terms of Use are subject to Danish law, and any dispute arising under this Agreement shall be settled by the Maritime and Commercial Court in Copenhagen, Denmark.

LICENSING CONDITIONS

These Licensing Conditions apply to all products (the Products) offered by Colourbox to you (the Licensee) at www.colourbox.dk and other websites operated by Colourbox (the Website).

By using the Website the Licensee accepts to be bound by these Licensing Conditions, the invoice and the order confirmation issued by Colourbox (the Order Confirmation) and the Terms of Use found at the Website, which collectively constitute a binding agreement (the Agreement) between the Licensee and Colourbox.

Any deviation from the Agreement must be in writing and signed by Colourbox in order to be valid.

Scope of the Licence

Upon the Licensee’s payment of the invoice and conditioned upon the Licensee’s compliance with the Agreement, Colourbox grants to the Licensee a time limited, non-exclusive right to use the Products on the conditions and terms set out in the Agreement.

Unless otherwise agreed in writing, the right to use the Products applies only in the territory specified in the Order Confirmation.

The Licensee is entitled to use the Products in its own data processing and own work and may not sell the Products separately to third parties. If the Licensee is a company or another legal entity, the employees of the Licensee working with the particular brand/magazine and area specified in the Agreement shall have the right to use the Products. The Licensee shall ensure that such persons fulfil the terms and conditions of the Agreement.

Unless otherwise agreed in writing the licence entitles the Licensee to permit up to 30 (thirty) users to use the Products.

If the Licensee acquires additional licences, such licences will automatically be subject to the Agreement.

The Licensee may not give third parties access to the Products via internet, intranet, online service or in any other way. The Licensee may not hand over the issued password to third parties. The Licensee shall ensure that no unauthorised person gains access to the Products. If a third party gains unauthorised access to the Products due to the Customer’s neglect, the Customer will be held liable.

In case of editorial use of the Products a copyright notice must be placed next to or below the photo stating Photo: Colourbox. Except for such copyright notice the Licensee may not use the Colourbox name or trademark without the written approval of Colourbox.

Royalty-Free Photos

Royalty-Free Photos are Products which are specified as such by Colourbox and which can be licensed for any purpose for a flat fee. The license is perpetual unless terminated by Colourbox or the Licensee and the fee is invoiced for 3 (three) months periods.

Colourbox offers a 3-months trial licence. The trial licence terminates automatically unless extended or converted into an annual licence.

Royalty-Free Photos may also be licensed individually or on a clip card basis. Such licence is limited to the number of photos stated in the Order Confirmation. Unless otherwise stated in the invoice or the Order Confirmation, such license is time-limited for 12 (twelve) months from the date of the invoice and terminates automatically.

Intellectual Property Rights

The Licensee is not granted any rights except for the limited license specified in the Agreement.

Colourbox, or the content suppliers from which Colourbox has derived its rights, retains all right, title and interest in the copyrights, trademarks and all other intellectual property rights to the Products, the Website and other materials made or delivered by Colourbox. The Licensee must respect these rights and is liable for any infringement of these rights.

Third Party Rights

Colourbox does not make any warranties that it owns, licenses or have obtained any rights to or approvals from the subject matter depicted in the Products whether products, persons, brand products or other matter depicted. Such subject matter may be subject to copyrights, trademarks, property rights, privacy rights or other rights of third parties, and the Licensee is solely responsible for determining whether an approval from third parties is necessary and if so for obtaining such approval.

Non-transferable license

The Licensee may not sell, distribute, license, rent, lease, lend, pledge or otherwise transfer, assign or sublicense the Products or the related rights of use to a third party without the prior written acceptance of Colourbox.

Copying

The Licensee is entitled to copy the Products to the extent necessary in order to use the Products and may not copy the Products for any other purposes.

Payment of Fee

The fee for the Products will be stated in the invoice. All prices are exclusive of VAT. The fee will be invoiced upon delivery of the Products and payment shall be made within 14 (fourteen) days from the date of invoice. No cancellations will be accepted and the Licensee must pay the full amount on the invoice regardless of whether the Products are used or not.

In case of late payment, Colourbox shall be entitled to charge interest on any overdue amounts at the rate of 2 (two) per cent for each month or part thereof as from the date of invoice. In the event that payment of any amount is overdue for more than 30 (thirty) days after the date of invoice, such delay shall be deemed to constitute material breach of the Agreement.

The Licensee may not withhold payment for a possible counterclaim.

Upgrading, maintenance and support

Colourbox does not grant the Licensee any rights to upgrades, maintenance and/or support unless agreed in writing with Colourbox.

Limited Warranty

Colourbox warrants that the Products do not infringe intellectual property rights of any third party. If a third party with reference to such an infringement objects to the Licensee’s use of the Products, the Licensee shall give written notice to Colourbox immediately. In case of such inability to use the Products, Colourbox shall in its sole discretion and as the Licensee’s sole remedy, either procure the Licensee with a replacement of the Product, or terminate the Agreement (against repayment of the fee already paid by the Licensee if the Licensee has not made use of the Products). The Licensee may not assert any other rights or make any other claims under this limited warranty.

Besides this limited warranty the Products are licensed as is and Colourbox makes not other warranty, express or implied regarding the Products, the Website or the rights or licenses under the Agreement, including any warranties of merchantability or fitness for a particular purpose.

Errors, omissions, delays or disturbances in the use of the Products do not entitle the Licensee to any remedies whatsoever.

Limitation of Liability

Colourbox shall not be liable for any indirect loss, including but not limited to punitive damages, consequent losses, business interruption, loss of data, loss caused by non-availability of the Products, operating loss, loss of profits or any other indirect economical loss.

Colourbox shall under no circumstances be liable for any damages or economical loss as a result of system failure or other breakdown or unavailability of the Website.

Colourbox’s product liability is limited to the extent permitted by mandatory law.

Colourbox shall not be liable for any loss caused by modifications to the Products made by the Licensee or a third party with the permission of the Licensee, combination of the Products with other materials, text, products or content, use of the Products contrary to the Agreement, negligence on the part of the Licensee or loss caused by the Licensee’s hardware, software, browser, server, break down or down-loading.

Colourbox is not liable for failure to perform its obligations under the Agreement due to causes beyond its control, including – but not limited to – fire, war or military actions, strikes, lockouts, nature catastrophes including lightening and flooding, omission or disturbances in technical- or IT-systems. In case of such force majeure delivery times are postponed until delivery can take place. However, if the delay lasts more than 30 days both parties are entitled to terminate the Agreement without notice and without payment of compensation or damages.

Colourbox does not warrant that a certain number of photos or that certain specific photos are or will be available at the Website. Colourbox therefore cannot be held liable if the number of photos decreases or if a certain specific photo is taken off the Website due to termination of use or discontinuation or delay in delivery from Colourbox’ suppliers. If a Licensee has reserved a photo which is taken off the Website before the Licensee has used the photo, Colourbox will refund the Licensee the reservation fee.

The liability of Colourbox shall always be limited to an amount equal to the fee paid by the Licensee for the year in which the damage occurred.

Termination

Perpetual, annual licenses of Royalty-Free Products continue in force until terminated by one of the parties with a minimum of 1 (one) month prior written notice to the end of a quarter.

Other licenses terminate automatically at the end of the period stated in the invoice and are non-terminable.

If the Licensee does not comply with the Agreement or does not pay the invoice when due, Colourbox may terminate the Agreement without notice. Colourbox shall be entitled to exercise all rights and remedies, including damages.

Colourbox is entitled to terminate the Agreement with 1 (one) month written notice in case of price increases from its suppliers.

Upon termination of the Agreement the Licensee shall cease to use the Products and shall immediately return or delete all copies of the Products. This obligation also applies to Licensee’s customers and other end-users deriving their rights from the Licensee and the Licensee must ensure that its customers and end-users returns or deletes all copies of the Products or materials containing the Products.

The Licensee is entitled to use already printed materials and pdf'files. Any reprint or changes in existing material requires a new licence.

In case of termination Colourbox shall not – wholly or partially - repay any licence fee paid by the Licensee.

Personal data

As part of Colourbox’s on-line services, Colourbox will gather various data on the Licensee’s and the employees of the Licensee’s use of the Products. Such information will be gathered and stored in accordance with the Danish Personal Data Act.

The Licensee may at any time contact Colourbox if the Licensee wishes to obtain information on which personal data of the Licensee is gathered and stored by Colourbox or if the Licensee wishes to amend personal data stored.

Choice of law and jurisdiction

Any dispute between the Licensee and Colourbox shall be decided by the Maritime and Commercial Court in Copenhagen in accordance with Danish law.

© 2008 Colourbox. All rights reserved.