Conditions - Pretty Planet Project

General conditions

Permitted use of this site and its contents

This site is owned and operated by Pretty Planet Project. All of the content featured or displayed on this website, including - but not limited to - text, graphics, digital images, photographs, moving images and software such as watermarks (collectively referred to as ‘content’) is owned by Pretty Planet Project and is protected by copyright laws, such as the Dutch Copyright Act of 1912, trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. No portion or element of this site or its content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Pretty Planet Project. You shall indemnify Pretty Planet Project against any losses, expenses, costs or damages resulting from your breach of these terms or your unauthorized use of the content or site. Exceptions to the ban on copying or retransmitting content of this site are when you are explicitly permitted under this or another written license or agreement with Pretty Planet Projects to do so.

Disclaimers and limitations of liability

Pretty Planet Project uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but makes no warranties or representations as to the content’s accuracy, correctness or reliability. The use of images or texts is a user’s or clients’ own responsibiliy; any damages or costs resulting from such use are entirely the user’s or client’s responisibility.

To the extent that can reasonably expected, Pretty Planet Project guarantees the proper performance of a correctly provided assigment once it has been accepted, unless Pretty Planet Project encounters a fault in the performance of the assigment for which it cannot be held responsible. In the performance of assignments for the client, the company must take the necassary precautions and consider the interests of the client to the best of its ability. Any complaints should be reported to Pretty Planet Project in writing as soon as possible, and in any case within 10 working days of delivery of images and texts, and within 30 working days for other services. Regarding the delivery of images and texts, Pretty Planet Project has the right to provide good work in exchange for rejected work within a reasonable time period, unless this would result in proportionate damages for the client. Unless good work can be exchanged for rejected work in this way, faults in the performance of an assigment for which this company can be held liable oblige Pretty Planet Project to remunarate a client for the damages suffered as a consequence of said faults up to the amount of a maximum of 250 euros. Pretty Planet Project is not entitled to appeal to the aforementioned maximum if the fault in question can be attributed to deliberate intent or gross negligence.

Use of images

An agreement about digital or other images between Pretty Planet Project and a client is reached the moment the clients pays for the photos, receives them and accepts them. Use of photos always constitute acceptance. It is only possible to deviate from this if the deviation was agreed to in writing. An agreement means the right for the client to publish or reproduce an image. This permits the client a one-time, non-exclusive use of the image(s) for a specifically described purpose. Permission for public use in one medium does not at any time include permission for public use in another medium, whether simultaneous or at a different time. After written permission from Pretty Planet Project, images can be bought royalty-free at three times the regular fee. Images remain the property of Pretty Planet Project at all times, unless the intellectual property rights have been transferred in writing. This writing has to have the signature from the owner of Pretty Planet Project.

Payment

Images are delivered after the amount agreed upon has been deposited on Pretty Planet Project’s bank account. In cases where Pretty Planet Project and a client agree to deviate from this, payment by the client for image and text services should take place within 30 days of the invoice date. After that date the client is in default. An interest rate in addition to the sum of the invoice may be charged and the costs of the steps necessary to collect payment of the invoice will be charged to the client. Payment for other services will be done by separate agreement between Pretty Planet Project and the client.

Copyright

In addition to what is mentioned above, the copyright for all images made available to the client by Pretty Planet Project remain with Pretty Planet Project or the natural persons or legal entities represesented by Pretty Planet Project.

Unless specified otherwise, the client will ensure that any publication or reproduction of the images made available by Pretty Planet Project will clearly mention either the author of the image used or Pretty Planet Project itself in the colophon or on the location where the image is displayed. The same applies for writings.