The Service is owned and operated by Folio Bildbyrå AB (556608-7523), Stockholm, Sweden (“Folio”). These terms and conditions apply to all usage of the Service by the Buyer. When registering an account on www.folio.se, the Buyer must accept these terms and conditions. If the Buyer does not accept and abide these Terms and Conditions the Buyer cannot access or use the Service. Folio may, at any time and of any reason, amend these Terms and conditions by publishing the amended Terms and conditions of the Service. All amended Terms and conditions shall automatically be effective thirty (30) days after they are initially published.
DEFINITIONS AND INTERPRETATION
- “Service” means, in these terms and conditions, the digital platform through which Folio provides Content to the Buyer, via the Buyers account on www.folio.se.
- “Content” means, in these Terms and conditions, all types of images, other material and information that are published on the Service
- “Buyer” means, in these Terms and conditions, a private individual or organization buying a license to use Content through the Service
- “Contributor” means, in these terms and conditions, any photographer, creative designer or any other individual or organization who has, in accordance with an agreement between such a person and Folio, provided Content to the Service.
- Content provided by Folio may only be used after acquisition or permission from Folio. The Buyer also accepts that when the Buyer downloads the Content digitally or in any other way obtains Content from Folio, these Terms and conditions shall apply.
- The royalty-free Content may only be used by the Buyer in terms of type of products, number of products and without time limit after full payment of the license or after an agreement with Folio.
Permitted uses of the Content are:
- advertising and promotional projects, including, but not limited to, printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (i.e. not for resale or license);
- entertainment applications such as, but not limited to, books, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
- online or electronic publications and web sites, such as, but not limited to, web pages, web services, mobile applications, blogs and social media
- prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (a) above;
- edit the Content as long as it’s done in accordance with the Code of Conduct (it is i.e. not Permitted Use to add an inappropriate speech bubble, etc.).
- If content is provided by Contributor, Folio guarantees that such Content includes a grant by Contributor to Buyer of a non-exclusive, royalty-free and worldwide license to use and display such Content in accordance with these terms and conditions.
CODE OF CONDUCT
- Use the Service with common sense. E.g. do not disgrace or in any other way defame people visible in images.
- Content from Folio may not be used, and shall always be considered prohibited when used to, but not limited to;
- Defame abuse, harass, threaten or otherwise violate the legal rights of others or of any third party including Folio,
- In any manner publish or post any inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, indecent or unlawful topic, name, material or information,
- Promote, advertise or be represented for political purposes without consent of Folio and the portrayed models,
- Breach of applicable law, including but not limited to (I) incitement to racial hatred, (II) child pornography, (III) slander, (IV) insult, (V) instigation of rebellion, (VI) unlawful description of violence,
- In any use that may in any other way be conceived as, but not limited to, (I) threatening, (II) insulting, (III) racist, (IV) vulgar, (V) indecent, (VI) sexist or (VII) use which violates the personal sphere or dignity of a private individual, including but not limited to advertisements in relation to dating, pornography or (VIII) any other use that Folio, in its own discretion, views as harmful to either the subject of the Content or the reputation and brand of Folio,
- Folio has the right to, at any time and without notice, delete, move, or edit any Content uploaded to the Service.
OWNERSHIP AND COPYRIGHT
- All images on Folio are copyrighted. Folio and its Contributor’s own all rights to the images. All rights not specifically granted to the Buyer by these Terms and conditions are reserved.
- The Buyers rights to reproduce an image is subject to the restriction set forth in these Terms and conditions and is conditioned upon full payment of the license fee prior to the reproduction of the image. No ownership interest or copyright of any image shall pass to the Buyer by an image download or by granting the license to reproduce an image.
- The Buyer of Folio’s Content may not resale or transfer the license to a third party without Folio’s consent.
- It is the Buyer’s responsibility to make any adjustments, repairs or corrections required for a good print result on Content delivered by Folio. Folio will not replace the Buyer for an unsatisfactory result occurred on the print results.
- The cost of the Content is stated on the invoice and is based on the price list, and are exclusive of any applicable VAT, available on www.folio.se, unless there is another price agreed between the Buyer and Folio.
- Payment terms for the invoice are 30 days. In the event of late payment, an interest of 8% will be charged together with a reminder fee of 60 SEK.
- All purchases are final and binding, Buyers will not be refunded under any circumstances, except if the purchased Content has technical flaws or if required by law. When Buyers have paid for the Content, the Content will be available for the Buyers to use under the license they paid for.
- When a Buyer purchases Content through the Service they warrant that they have the legal capacity and are of legal age in their country of residence (e.g. 18 years in Sweden), or have the legal consent, to enter into an agreement that legally binds them to the obligations set forth in these Terms and conditions.
- Folio has the right to send e-mails to the registered address of each Buyer. Our intent is to provide Buyers with relevant information, which may include information from partners to Folio.
- The Buyer agrees to be entirely responsible for all access of use of the Service. The Buyer shall always keep the password, for access to the Service, confidential. The Buyer acknowledges that the Password is unique to the Buyer and that, although Folio can reset the Buyer’s Password, Folio does not have the ability to access the Password.
- Folio processes personal data in accordance with current legislation applicable in Sweden. Information regarding how Folio processes personal data as a data controller can be found at: https://www.folio.se/FAQ/Privacy
LIMITATION OF LIABILITY
- Folio is not responsible for any financial claims due to rights or restrictions attached to persons, properties, or trademarks. The rights to all Folio's Content are not exclusive and compensation claims in connection with any damage to the Buyer, suffered in connection with this, are therefore not compensated by Folio.
- Folio or its service providers shall not be responsible or liable for any software, computer viruses or other harmful files or material that is downloaded or otherwise obtained using the Service. Buyers use the Service at their own risk and Buyers will be solely responsible for any damage to their computer system or loss of data that results from the use of the Service.
- If any Content from Folio is used illegally or if the Buyer uses any acquired Content from Folio in violation of the provisions of these Terms and conditions, Folio will fine an amount corresponding three times the amount that the Content use would have cost in accordance with Folio's price list or agreed purchase price.
- If the Buyer, with the use of acquired Content, causes Folio damage in any way, Folio has the right to fine the Buyer for damages that must be determined in an amount corresponding to both material and intangible damage experienced by Folio.
- A Buyer shall indemnify Folios and its service providers with respect to all liability, losses, damages, costs or expenses howsoever caused, arising out of, or in connection with a (I) breach of these Terms and conditions, (II) the Buyer’s gross negligence (III) a download or use of Content by the Buyer and (IV) use or misuse of the Service
- The Service is provided “as is” without warranties of any kind. Folio does not warrant that the Service will meet the Buyer’s requirements of it or that the use of the Service will be uninterrupted or free from errors.
DURATION AND TERMINATION
- Folio has the right to, without notice and in its sole discretion, terminate a Buyer’s accounts and/or to block the Buyer from the Service in case of, but not limited to, fraudulent usage or breach of these Terms and conditions.
GOVERNING LAW AND DISPUTES
- Any dispute, controversy or claim arising out of or in connection with these Terms and conditions, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be Swedish.