Terms of Use
These Terms of Use apply to www.colourbox.com and other websites operated by Colourbox ApS (“the Website”).
By entering the Website, you accept to be bound by these Terms of Use. Additional information on the use of Colourbox products and services is provided in the Colourbox 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 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 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 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 either for the purchase of one or more single photos or for a license to use the entire Website.
Children
Colourbox 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 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 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 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 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 require prior written consent of Colourbox. The contents of the Website may not be placed in frames on third parties’ websites (prohibition against framing).
Privacy
Introduction
Colourbox 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 does not use Your Information for marketing purposes, including direct emails, unless you have given us your consent for such use.
Disclosure of Your Information
Colourbox 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, 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, 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’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 Copenhagen City Court.
Licensing conditions
These Licensing Conditions apply to all products (“the Products”) offered by Colourbox to you (“the Licensee”) at www.colourbox.com and other websites operated by Colourbox (“the Website”). Photos, videos and other materials available at the Websites are collectively referred to as “Materials”.
By using the Website the Licensee accepts to be bound by these Licensing Conditions. These Licensing Conditions, the pricelist on the Website and the Terms of Use on the Website 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 License
Upon the Licensee’s payment for the Products and conditioned upon the Licensee’s compliance with the Agreement, Colourbox grants the Licensee a time limited, non-exclusive right to use the Products and the Materials on the conditions and terms set out in the Agreement.
The Licensee is entitled to use the Products in its own data processing and own work. The Licensee may not sell or make available the Materials to third parties unless the Materials are used as part of creative or editorial work made by the Licensee for third parties. Consequently the Licensee may not print the Materials on products for resale or use the Materials as part of services whereby third parties are given access to the Materials either separately or as part of products such as postcards, calendars, posters, wallpaper, artwork, screensavers, templates and other items.
If the Licensee is a company or another legal entity, the employees of the Licensee have the right to use the Products. The Licensee shall ensure that all employees fulfill the terms and conditions of the Agreement and that each employee has a separate username and login.
If the Licensee has subsidiaries, associated companies or other legal entities or different brands within the same legal entity, the Licensee must either buy a license for each company and brand or buy an Enterprise license for the whole concern. If the Licensee acquires additional licenses to use the Products, such licenses will automatically be subject to the Agreement.
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.
The Licensee may not use the Products in any abusive, condescending or otherwise offensive manor or context.
A license is perpetual until terminated by Colourbox or the Licensee. Single downloads does not constitute a perpetual license.
Royalty-Free Materials (RF)
Royalty-Free Materials (called “RF”) are Materials, which are specified as such on the Website. RF can be licensed worldwide for any purpose in accordance with the Agreement. Unless specifically stated there are no restrictions on the use of RF.
Editorial Materials
Editorial Materials are Materials, which are specified as such on the Website. Editorial Material must only be used in an “editorial” manner, meaning that the use must relate to events that has novelty or are of public interest, i.e. in newspaper or magazine articles. Editorial Material may have other have restrictions on usage which the Licensee must respect. Editorial Material may NOT be used in any commercial or promotional manner whatsoever unless agreed with Colourbox. Editorial Material may only be used in the territory specified on the Website.
Editorial Material may be cropped, provided that the editorial integrity of the material is not compromised. Apart from Editorial Material may not, without the written permission of Colourbox, in any circumstances, be altered, changed or tampered with, neither manually or electronically.
Editorial Use
In case of use of Editorial Material the Licensee must comply with the accreditation instructions on the Website.
Reasonable Use Policy
In order to ensure that all licensees are able to use the Products without problems, delay or disturbances Colourbox may chose to restrict unreasonable usage of otherwise unlimited accounts. For clarification purposes, unreasonable usage is understood as excessive downloads of Materials. If the Licensee fails to meet Colourbox’ demand to limited its use Colourbox may terminate the Agreement with the Licensee without notice. Colourbox decides at its sole discretion what comprises unreasonable use.
Storing and Copying
The Licensee is entitled to store and copy the Materials to the extent necessary in order to use the Materials but may not store or copy the Materials for any other purposes.
Fees
Fees for the Products will be stated in the Colourbox pricelist. All prices are exclusive of VAT. The Licensee may pay the fee upon receipt of an invoice from Colourbox or agree to have the fee withdrawn from its bank account automatically.
No cancellations will be accepted and the Licensee must pay the full fee for the Products ordered regardless of whether the Products are used or not.
The Licensee may not withhold payment for a possible counterclaim.
Colourbox is entitled to change its fees at all times. Any increase in fees must be notified to the Licensee, who then has the option to terminate the Agreement before the next payment.
Upgrading, maintenance and support
Colourbox does not grant the Licensee any rights to upgrades, maintenance or support unless agreed in writing with Colourbox.
Intellectual Property Rights
Colourbox, or the content supplier 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 Licensee must respect Colourbox’ or the content supplier’ rights and is liable for any infringement of these rights.
The Licensee is not granted any right in the Products or the Materials except for the limited license specified in the Agreement.
The Licensee is not entitled to break or change any security codes, change or remove any notice on copyright, trademarks or any other rights marked on or in connection with the Products.
Third Party Rights
Colourbox warrants that it is entitled to license the Materials on the Websites. Colourbox does not warrant that it holds licenses or has obtained rights to or approvals regarding the subject matter depicted in the Materials whether this is logos, designs, architecture, furniture, persons 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.
If a third party objects to the Licensee’s use of Materials, the Licensee shall give written notice to Colourbox immediately. In case of such inability to use Materials, Colourbox shall in its sole discretion and as the Licensee’s sole remedy, either procure the Licensee with a replacement of the Materials in question, or terminate the Agreement against repayment of the fee already paid by the Licensee, provided that the Licensee has not made use of the Materials. 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 no other guarantee, expressed 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.
Limitation of Liability
Colourbox shall not be liable for any damages or economical loss, including but not limited to operating loss, loss of profits, loss of data, loss of materials or any other indirect economic loss suffered as a result of use of the Products or the Website. The Licensee is aware that system failure, unavailability, omissions, delays or disturbances or hacking of the Website may occur.
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 not in accordance with 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 one month 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 Materials or that certain specific Materials are or will be available on the Website. Colourbox therefore cannot be held liable if the number of Materials decreases or if a certain specific Material is taken off the Website due to termination of use or discontinuation or delay in delivery from Colourbox’ suppliers. If a Licensee has reserved Materials, which is taken off the Website before the Licensee has used the Material, 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 period in which the damage occurred and to a period of 1 (one) year for the delivery of the Products.
Termination
Perpetual licenses of Royalty-Free Products continue in force until terminated by one of the parties with a minimum of 1 (one) weeks written notice to the end of the agreed license term.
Other licenses than perpetual licenses terminate automatically at the end of the agreed license term and are non-terminable.
If the Licensee does not comply with the Agreement or does not pay a fee when due, Colourbox may terminate the Agreement without notice. Colourbox shall be entitled to exercise all rights and remedies, including damages.
Upon termination of the Agreement the Licensee may use all already downloaded Materials for 1 (one) month from the termination date. Materials used or printed prior to termination may be used without time limit provided that the Materials are unaltered and the use of the Materials is the same as prior to termination. The Licensee may however not use any Materials on new prints or reprints following termination. Any new print or reprint or changes in existing material requires a new license.
Besides the specific limited uses after termination the Licensee shall cease using the Products upon termination and shall immediately delete any copies of the Products. This obligation also applies to Licensee’s customers and other end-users deriving its right from the Licensee and the Licensee must ensure that its customers and end-users delete all copies of the Products or Materials.
In case of termination Colourbox shall not repay any license fee - wholly or partly - already 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 Licensee wishes to amend or have deleted personal data stored.
Amendments
Colourbox may at all times amend these Licensing Conditions. Information on amendments will be posted on the Website.
Choice of law and jurisdiction
The Copenhagen City Court shall decide any dispute between the Licensee and Colourbox in accordance with Danish law.
