As a Client and User it is particularly important that you read, understand and agree to the following Terms & Conditions:
‘We’ and ‘us’ means CocoFeatures, “You” or the “Client” or “User” means you or, if you are acting on behalf of your employer, then “you” means that employer. ‘This Website’ and ‘the Website’ means www.cocofeatures.com. Photographs, text files, data files, and other digital media content available at the website are collectively referred to as “materials”. All materials meet CocoFeatures material standards and are reviewed by CocoFeatures before licensed.
CocoFeatures respects your privacy, protects your personal data and does not share information with third parties.
CONTACT SHEETS AND LOW RES IMAGES
Users are allowed to download contact sheets and ask for low resolution images, as appearing on the site, for purposes of test layouts, internal presentations etc. These low resolution images may not be used commercially without prior consent from CocoFeatures. Low resolution images may not be distributed or published including distribution or publication in electronic or online systems.
RIGHTS OF REPRODUCTION
1. All materials must only be used in an “editorial” manner, meaning that the use must relate to events that have novelty or are of public interest, i.e. in newspaper or magazine articles. The materials may not be used in any commercial or promotional manner whatsoever unless agreed with CocoFeatures.
2. All licenses are single-use only, meaning a reproduction for one edition of a single publication, published in one language only. In addition, the duration of all licenses is limited to 9 months from the date of publication of the material.
3. You must acknowledge that the materials are the valuable property of the Contributors associated with CocoFeatures. No property or copyright in those materials shall pass to the client. CocoFeatures only grants the right to reproduce the materials. All pictures included on this website are property of the photographers associated with CocoFeatures and are protected by international property and copyright laws. Images, text and articles appearing on this website cannot be reproduced in any media, website, blog or social network unless you have purchased a feature for editorial publishing purposes.
4. You must not use materials for any purpose other than the agreed without first obtaining CocoFeatures’ consent, and in respect of which additional fees shall be agreed. Reproduction rights are personal to you and are not assignable by you to any third party. Any re-publication, any new appearance or publication, any transfer to another medium or to another title, to a database or to third parties is prohibited without prior written permission from CocoFeatures.
5. You are allowed to translate and edit text files with respect for the original text. All facts must be correct reproduced and included in the edited text. If you have any questions or doubts regarding the content of text, you must contact CocoFeatures before reproducing the materials.
6. You are only allowed to reproduce images online or in electronic publications, including web pages to a maximum of 800 x 600 pixels per image. The online publication is allowed for the period of the availability of the relevant edition in kiosk or store.
7. The material shall be faithfully reproduced, and, unless CocoFeatures gives its express written consent in advance, shall not be manipulated, colorised, solarised or otherwise altered in any way.
8. Full credit and copyright information must remain with the material. You must make sure that a credit is printed clearly next to or near each reproduction of an image, or (in the case of a magazine or book) that this credit is printed on the colophon/title/acknowledgements page with a clear reference to the location of the relevant image or images. The credit for editorial features and single images should have the following format: ‘CocoFeatures.com; Photography: Name; Styling: Name; Design: Name; Text: Name’.
9. You shall supply CocoFeatures with two copies of the publication in which a material has been reproduced, free of charge. CocoFeatures will appreciate a PDF of the publication by e-mail as well.
INVOICING AND PAYMENT CONDITIONS
1. Fees for the materials will be agreed with CocoFeatures. All prices are exclusive of VAT.
2. CocoFeatures applies the following payment terms.
Payment terms: 14 days from invoicing date unless otherwise agreed.
CocoFeatures invoices shall be paid by the Client 14 days after invoicing date in the agreed currency by wire transfer. If wire transfer is not possible another way of payment can be accepted by individual agreement with CocoFeatures.
3. In the event of late payment of CocoFeatures invoices by the Client, CocoFeatures shall be entitled to invoice a penalty/late payment interest of 1.5% (one and a half percent) of the outstanding invoiced amount per month of late payment. CocoFeatures shall also be entitled to immediately terminate the right to reproduce granted usage if CocoFeatures invoice(s) remain(s) unpaid on the 15th of the month following a period of 90 days from invoice date unless otherwise agreed with CocoFeatures.
4. For further usage of any received material other than the agreed between CocoFeatures and the Client, the Client is obligated to inform, get permission and agree a contingent fee before the usage. Extra usage can be cover usage, additional pages or usage in other media than the agreed. If CocoFeatures is not informed of extra usage of any material, we have the rights to demand a fee set by CocoFeatures.
Once the Client has agreed the usage for assignment, the Client warrants CocoFeatures against any non-complying use of the assigned material and against any claim from third parties for a non-complying use of any assigned material.
CocoFeatures shall not be held liable for any wording (text, title, caption, etc.) that accompanies the material. In the same way, CocoFeatures shall not be held liable for the use made by the Client of any materials or for any complaints or lawsuits from third parties concerning the use by the Client of any materials.
This contract contains all the terms of the agreement between CocoFeatures and the Client concerning delivery and review of the material and no terms and conditions may be added or deleted unless made in writing and signed by both CocoFeatures and the Client.
© 2014 CocoFeatures – The Netherlands –
Mobile +31 6 38131460 – E-mail email@example.com