This document contains the terms applicable to users who upload audio-visual material, and thereby make it available to the public, to the website Open Images, which website is managed by the Netherlands Institute for Sound and Vision (with its offices at Media Park, Sumatralaan 45, P.O. Box 1060, 1200 BB, Hilversum), hereinafter to be referred to as: Sound and Vision. With the exception of the logos, trademarks or trade name(s) of Sound and Vision and other content partners of Open Images, all material on this website is available under a Creative Commons license, and it may be used under the conditions of the relevant license. The website itself and all texts are subject to a Creative Commons Attribution-Share Alike 3.0 license, and for all audio-visual content (media items), it is stated separately under which license conditions these have been published.
This document determines inter alia the following aspects of the relationship between users and the Netherlands Institute for Sound and Vision:
• Passwords and logging in (Article 3)
• Responsibility for the operation of the platform (Article 4)
• Intellectual property rights to the content (Article 5)
• Conditions applicable to content placed on Open Images (Article 5)
• Users’ personal data (privacy) (Article 6)
• Liability of the parties in the event of damage or loss (Article 7)
By creating an account on Open Images, the user indicates acceptance of these conditions. Once a user account is created, the conditions can be accessed on www.openimages.eu/terms.
Article 1 Definitions
In these Conditions for Use, the following terms have an initial capital letter. These terms are defined as follows:
1.1 Account: personal section that is managed by the User and which is created when the User registers for the Service.
1.2 Visitor: a natural person or company who visits the Website and who reads the information and Content placed on the Website. If Users read the Content of other users, they also qualify as Visitors.
1.3 Content: all material made available and accessible by a User to Visitors through the Service, including but not limited to video, photo, image and/or audio material, as well as texts.
1.4 Service: the free service rendered by Sound and Vision to Users and Visitors through the Website, and which is described in more detail on the Website.
1.5 User: natural person or company who has created an Account.
1.6 Intellectual Property Rights: all rights of intellectual property and any associated rights, such as copyright, trademark rights, patent rights, design rights, trade name rights, database rights and related rights, as well as rights to know-how and performances on a par with patentable inventions.
1.7 Report: a report of the presence of Content on the Website that infringes Intellectual Property Rights and/or other rights of third parties.
1.8 Username: the name or alias entered by the User during the registration procedure, and which is shown with the Content placed by the User.
1.9 Password: the password entered by the User.
1.10 Website: the websites www.openimages.eu and www.openbeelden.nl, including all sub-domains.
Article 2 Applicability
2.1 These Conditions for Use apply to any and every use of the Service by the User. They do not apply to Visitors.
2.2 Sound and Vision is entitled at all times to amend or supplement these Conditions for Use. In such an event, the amended Conditions for Use will be sent to the User by email. If the User continues using the Service after receiving the amended or supplemented Conditions for Use, he thereby irrevocably accepts such conditions. If the User does not agree to the amended or supplemented Conditions for Use, he must refrain from using the Service, and he must close his Account. The current Conditions for Use are available on the Website at all times.
Article 3 Registration for the Service
3.1 Before Content can be placed on the Website, the User must create an Account in the manner described on the Website. During registration, the User must also enter a Username and a Password, which will provide access to the Account.
3.2 It is the responsibility of the User to keep the Username/Password combination confidential. The User is therefore responsible for all use that is made of the Service through the Username and the Password. Sound and Vision may assume that the User is in fact the person who is seeking access with the Username and the Password that belong to him. As soon as the User is aware or as soon as he may have reason to suspect that a Username and/or Password has become known to unauthorized persons, the User must notify Sound and Vision immediately. This does not affect his own obligation to take effective measures immediately, such as changing the Password.
3.3 If the User is younger than 16 years of age, he is only allowed to use the Service if he has the consent of his legal representative(s). By accepting these Conditions for Use, the User guarantees that he is in fact older than 16 years of age, or that he has obtained the consent of his legal representative(s) to create an Account and to use the Service.
3.4 Sound and Vision reserves the right to alter the login procedure, the Password and/or the Username, if it considers this necessary in any way, for instance if this is in the interests of the operation of the Service. In that event, the User will be notified of this by email using the email address entered upon registration.
Article 4 The Service
4.1 The User accepts that the Service only contains the functionality and other features found by him when using the Service. The Service is, therefore, delivered “as is”. Sound and Vision expressly excludes explicit and tacit guarantees, undertakings and warranties of any nature whatever, including but not limited to guarantees, promises and warranties with respect to the quality, safety, availability, lawfulness, integrity and correctness of the Service.
4.2 Sound and Vision does not guarantee that the Service will at all times be accessible without interruptions or failures. Failures in the Service may occur as a result of, amongst other things, failures in internet or telephone connections or because of viruses or faults/defects. Sound and Vision is in no way responsible or liable for compensating the User for any damage or loss arising from or as a result of the Service being unavailable or temporarily unavailable, or in case of a breakdown of the Service.
4.3 Sound and Vision is entitled, without any prior notice being required and without being liable to compensate the User, to close down or to temporarily close down the Website and/or the Service and/or to limit the use of it if it considers this necessary, for instance in connection with any reasonably necessary maintenance of the Website and/or the Service.
4.4 Sound and Vision is entitled, without any prior announcement being required, to make procedural and technical changes and/or improvements to the Website and/or the Service.
Article 5 Content
5.1 The User is aware of and accepts that Sound and Vision has no knowledge of the Content that is made available through the Service. Sound and Vision does not verify and/or edit the wording of the Content, nor is it obliged to do so. The User himself is fully responsible and liable for any acts he performs with the help of the Service, in particular with regard to the placement of Content and its substance.
5.2 The User guarantees that he is entitled to make the Content available through the Website. The User guarantees that he is the owner of the Intellectual Property Rights to the Content placed, or that he has obtained the required permission and/or licenses to make the Content available through the Website. Furthermore, the User guarantees that he has the permission of any persons whose portrait and/or name is used in the Content if the User is legally obliged to have such permission.
5.3 The User must indicate under which Creative Commons license any Content he wishes to place on the Website is made available to Visitors. The full conditions of the applicable Creative Commons licenses are available through a hyperlink on the license choice page on the Website.
5.4 The User guarantees that he will not distribute through the Website any Content:
a. that infringes rights of Sound and Vision or third parties, including but not limited to Intellectual Property Rights or rights relating to the protection of privacy;
b. that discriminates on the grounds of and/or is offensive in respect of appearance, race, religion, sex, culture, or origin;
c. that incites violence against and/or harassment of other person(s);
d. that leads to or is the result of exploitation or abuse of others;
e. that is pornographic or that contains a link to pornographic material or pornographic websites;
f. in which personal data of minors are requested and/or in which personal data of others are made available;
g. that promotes or facilitates the committing of illegal activities;
h. that involves chain letters, junk mail or spam and/or that requests passwords or other information traceable to individuals for commercial or illegal purposes, or which envisages other commercial purposes;
i. that contains viruses, Trojan horses, worms, bots or other software that may damage automated work or data, render it unusable or inaccessible, delete or appropriate it, or that is intended to circumvent technical protection measures of the Website and/or Sound and Vision’s computer systems;
j. that is in violation of any applicable legislation and regulations;
k. that is in violation of any of the other provisions of these Conditions for Use.
5.5 Under these Conditions for Use, the User and/or his licensors retain copyright and other Intellectual Property Rights to the Content. The User acknowledges and accepts that by making Content available to Sound and Vision, he automatically grants a free, unencumbered, world-wide, non-exclusive license for use, reproduction, distribution and making available to the public of the Content, to the extent that this is necessary for the Service to be provided.
5.6 The license referred to in Article 5.5 ends once the User and/or Sound and Vision remove(s) the relevant Content from the Website, or once the Account is removed by the User and/or Sound and Vision. The User acknowledges and understands that following removal of the Content and/or the Account, Visitors may still be able to use the Content and/or place it on other websites. Sound and Vision is not responsible and/or liable for any use of Content by Visitors after it is removed from the Website by the User or Sound and Vision.
5.7 The User indemnifies Sound and Vision against third-party claims that are based on the statement that Content placed by the User with the help of the Service in some way infringes the rights of third parties and/or is unlawful in any other way.
5.8 Although the Website will indicate under the Content which Creative Commons license applies to the use of the Content, the User acknowledges and accepts that Sound and Vision is not responsible and/or liable for compliance by Visitors with the relevant Creative Commons license.
5.9 The User declares that, when using the Content of other Users, he will observe the conditions of the Creative Commons license applicable to that particular Content.
5.10 If the User is of the opinion that Content distributed with the help of the Service is unlawful, he can Report this. Such a Report to Sound and Vision can be made through www.openimages.eu/report. On www.openimages.eu/report you will also find the conditions to which Reports are subject, as well as the subsequent course of the reporting procedure.
5.11 Without being required to give notice or without being liable for compensation, and without prejudice to Sound and Vision’s right to take further legal action, Sound and Vision reserves the right to remove Content or to close an Account if it considers there are grounds for doing so, in particular in, but not limited to, cases in which in Sound and Vision’s opinion the User breaches the provisions of this Article 5 or any other provision of these Conditions for Use.
Article 6 Privacy
6.1 In connection with the Service the User will provide Sound and Vision with personal data as meant in the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens (“Wbp”)). Sound and Vision will only process and use these personal data where necessary in connection with the Service, and it will not supply these personal data to third parties in any manner whatever, unless it is legally obliged to do so.
6.2 The User understands and acknowledges that the Username entered by him upon registration will be placed with the Content and that any personal data in the Username will be disclosed. The User can change his Username himself.
Article 7 Liability
7.1 Sound and Vision assumes no liability for damage or loss as a result of any failure in fulfilment of the provision of the Service, including but not limited to damage or loss arising from or relating to the use of the Website, the Content and/or any impossibility of using it, or as a result of any unlawful act or otherwise, unless this exclusion of liability is not allowed under mandatory provisions of law.
7.2 Sound and Vision assumes no liability for the substance of the Content, nor, therefore, for damage or loss to Users or other third parties that arises from any unlawful substance of the Content.
7.3 The User indemnifies Sound and Vision against all third-party claims on any grounds whatever that relate to the compensation of damage, loss, costs or interest, in connection with or arising from his use of the Service and/or any breach of these Conditions for Use and/or any other rights of third parties.
7.4 This restriction of liability does not, however, intend to exclude Sound and Vision’s liability for intent and/or wilful recklessness by Sound and Vision (“own actions”) itself and/or its executive managers.
7.5 The only action the User may take if he is of the opinion that he has sustained any damage or loss, is to cease using the Service and close his Account.
Article 8 Duration and Termination
8.1 The User is entitled to cease using the Service and close his Account at any time.
8.2 Sound and Vision is at all times entitled to terminate and/or suspend the availability of the Service to the User if it considers there are grounds for doing so, without creating any liability on its part towards the User.
Article 9 Miscellaneous, Applicable Law and Competent Court
9.1 These Conditions for Use and the use of the Service are governed by the laws of the Netherlands.
9.2 Where national or international rules of law do not contain mandatory provisions to the contrary, all disputes between the User and Sound and Vision will, at the discretion of the party serving a summons or the party making an application, be brought before the competent court in the district of his place of residence or place of business, or before another court that is competent pursuant to national or international rules of law.
9.3 Should any provision of these Conditions for Use be or become invalid, the User and Sound and Vision will remain bound to the remaining provisions. Sound and Vision will replace the invalid provision by a valid provision, in accordance with the object and purport of these Conditions for Use, in such a way that the new provision differs as little as possible from the invalid provisions.