Terms and Conditions - 09/01/2023
The general terms and conditions apply to all offers, deliveries, transfers of works and documents that Content Curation commercializes.
If you do not accept the terms and conditions, please do not use the website.
1. Use of the Content Curation website
You use the website and the images at your own risk.
You do not have the possibility to make demands about the availability of the website.
Under no circumstances can the company be held liable for direct or indirect damage due to delays, problems with transmission, access, unavailability of images or other files, errors, computer bugs, regardless of the basis of the complaint.
In no event shall the aggregate amount of the company's liability exceed the amount of the purchase.
The site is the intellectual property of the company. The developments in computer science are the intellectual property of the company Picturemaxx AG. The documents used and presented on this website are all protected by copyright.
Any infringement of intellectual property rights or rights of the material belonging to Content Curation may result in civil and/or criminal penalties, as well as a conviction for compensation for the damage caused.
The use of documents is subject to Belgian positive law and the applicable international copyright treaties.
Current general terms and conditions govern all relations between the company and the customer from the communication of the current general terms and conditions to access to the company's website.
Amendments to these terms and conditions by the customer are not permitted unless the company has expressly agreed in advance in writing.
4. Artistic property
Unless expressly agreed otherwise, the company only grants licenses to use its works. The author or his rightful claimants and/or the company retain the material and intellectual property of the documents, including the moral rights. In case the carrier is specifically charged and paid to the company, the physical ownership of the carrier is transferred to the customer. The intellectual property rights, including moral rights, are not transferred and remain the property of the author or his rightful claimants and/or the company. In that case, unless expressly agreed otherwise in writing, the exhibition right for the work is also not transferred to the customer. The customer undertakes to destroy all digital or analog copies of the document that he may have made outside the permitted use of the deposit.
Only the simple right of use of the photographic copyright shall be transferred to the client. Client alone is responsible and liable to secure all necessary rights for using the content provided under the regulations of this agreement. Client will indemnify the company from all claims brought against by a third party in connection with alleged or actual infringement of rights with regard to the content provided.
The rights arising from the license granted to the customer are personal. Under no circumstances may the Company's documents be transferred to third parties or used by third parties without the prior express or written consent of the Company. The customer will be held responsible for any use not covered by the license.
6. Licensing, transfer of rights, price scales and justification
Neither the issuance nor possession of any document assumes or presupposes a transfer or a license of rights. Any reproduction or use of documents can only be done with the prior consent of the company.
The license to use a document is strictly limited to what has been agreed (the print run, the format, the territory, the medium, etc...). The used license does not in any way imply a tacit consent to reuse the document in the future.
The rates of the licenses or transfers are determined in writing or by telephone. They are subject to change without notice, even during the execution of the agreement on the basis of a change in the agreed use.
The customer undertakes to send a series of supporting documents of the agreed use for inspection within one month of the date of invoicing, in order to have their compliance with the terms of the license examined by the company.
A user license is never granted exclusively. When contemplating exclusivity in whatever form, it must be the subject of an additional, express and written agreement and comply with the exceptional rates, different from the basic rates.
The company guarantees the customer that all persons appearing on the documents have given permission for the reproduction of the documents. However, this permission is general and relates to the reproduction of the document in the context of articles of general information and within normal conditions of use.
This general authorization of the company in no way authorizes the use of the documents outside their given context, i.e. by using them to illustrate an event other than the one depicted in the image or with a caption other than that mentioned under the document provided by the company. The customer must obtain special, express and written permission from the depicted third parties prior to publication for any special use, other than to illustrate articles of general information, such as commercial use, advertisements or when the document is used out of context. Under no circumstances does the prior delivery of the documents to the customer constitute a special permission.
Notwithstanding the general or special permission, the customer must obtain, prior to publication, the special, express and written permission of the company or of the third parties depicted if the document is intended to cover sensitive topics such as private life, sexuality, religion, serious or petty crime, situations which may be the sign of one or more stigmas, or of a profession subject to deontological rules, etc.... In order for this permission to be perfect, the customer must also provide the company with the final page arrangement, the caption and the illustrated text in advance. Under no circumstances does the prior delivery of the documents to the customer imply a special authorization.
In any case, the customer must make the depicted persons unrecognizable (blindfold technique, pixels, etc.) when the document is used to illustrate sensitive subjects, unless prior to publication, a special, express and written permission from the company or the third party depicted was obtained to publish the documents unaltered as supplied by the company.
Notwithstanding a general or special permission, it is customary in this matter that the customer obtains the special permission in writing from third parties, prior to publication, in an express and written manner, if the document concerns a famous person (such as, for example: a sportsman, an actor, a politician, etc.) and it concerns a posed photo.
Under no circumstances does the prior delivery of the document to the customer constitute a special authorization. Since it is not customary in this profession for the company to obtain licenses from the title holders of proposed works (buildings, objects, artistic objects, logos, brands, etc...), the company only guarantees the right to proposed works within the limits of the author's proprietary rights. The customer must therefore ensure that the intended use is within these limits and, if not, obtain permission for use directly from the copyright holder. A prior delivery of a document to a customer by the company never constitutes a special permission.
Taking into account the millions of images and documents sent to us by third-party suppliers and which are automatically published on our site, it is possible that some legends are incomplete or incorrect. These texts and legends must therefore always be checked by the customer before any use. The accuracy of this information is beyond the scope of our warranty.
The customer is obliged to respect the original document and to use it without altering its integrity, shape, colors or concepts .
The terms are communicated by the company for information purposes. No delay shall entitle the customer to any reduction, revocation, compensation or cancellation.
11. Unauthorized uses
In the event of unauthorized use or uses contrary to the rights of the company or license granted, the company reserves the right to initiate legal proceedings, in particular on the basis of counterfeiting.
12. Billing - Payment
The invoices are payable at the registered office of the company within the term stated on the front of the invoice and into one of the bank accounts specifically stated on the invoices.
13. Documents not covered by copyright
In view of the substantial share of services which justify compensation, the customer undertakes by contract to consider as work, within the meaning of copyright law, all images, photographs, drawings or texts, even not originals, which were entrusted to him, as original. Therefore, the customer expressly accepts that the copyright law is applied to any image, photograph, video , drawing or text placed in his custody. The customer therefore undertakes to comply with the prescribed regulations regarding reproduction rights and communication rights.
14. Publication and entry into force of the general terms and conditions
Current terms and conditions are published on the Internet and communicated to customers.
They will enter into force on 09/01/2023 and will remain in force until the next amendment. In his professional capacity, the customer is obliged to regularly inform himself about the updating of the general terms and conditions by consulting the company's website.
15. Use of our brand
Content Curation is a protected trademark. Its use, and that of its logos, is subject to the prior written consent of an administrator of the company.
In order to be taken into account, any complaint must be sent to the company by registered letter, within eight days of the dispatch note, if the company has drawn up one and if not, within eight days of the invoice date.
In the event of a dispute, only the Courts of Flanders and thus the Justices of the Peace of the various cantons of Flanders will have jurisdiction.
*Nederlandse versie beschikbaar op aanvraag.
*Version Française disponible sur demande.