Terms of Use – Andreas H Lind

Terms of Use for AndreasLind.art site.

Please read these Terms of Use carefully before accessing or using this website made available by AndreasLind.art or its affiliates (individually and collectively, the “Site”). If you want to purchase license to dowload products please read License Agreement.

Acceptance of Terms
Definitions
Intellectual Property; Limited License to Users
AndreasLind.art Brand
Information You Provide
Your Content
Our Content and Services
Infringement Claims
Limitations
Restriction and Termination of Use
Links to Third Party Sites
Warranties and Disclaimers
Indemnification
Miscellanous

1. Acceptance of Terms

You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that AndreasLind.art. AndreasLind.art may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. If you do not agree to the terms of License Agreement for dowloading material on the Site do not use that service.
AndreasLind.art may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of AndreasLind.art.com to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

2. Definitions

“Account”: The Customer’s online user account to which the Customer receives access after entering their e-mail address and password;
“Business Customer “: Any person acting for purposes relating to that person’s trade,business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf;
“Private Consumer”: Any individual acting for purposes which are wholly or mainly outside that individual’s trade, business craft or profession;
“Customer(s)”: Either a Business Customer or Private Consumer who use the service avalible on AndreasLind.art’s Site www.andreaslind.art;
“Service”. Performance by AndreasLind.art of all kinds, including supply of Products. Either the use of our Download Service, set out according to the download License Agreement, or Printing Service where customers can purchase prints.
“Products”: Product or Products means either print products or dowloaded material according to License Agreement or any other goods or merchandise that are sold or made available by AndreasLind.art;
“Product image”: Means all images, illustrations, film clips, photos avaible for Service. All product images are as is and should be treated as such.
“Usual business hours”. Monday to Friday 08:00 – 16.00;
“Website/Site” : All the Internet sites on which AndreasLind.art offers its services, in particular the Internet sites accessible through www.andreaslind.art.
“Working days”: Monday to Friday excluding Swedish holidays;

3. Intellectual Property; Limited License to Users

Subject to your compliance with these Terms of Use, any applicable license agreement with AndreasLind.art, and the law, you may access and use the Site. AndreasLind.art remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. AndreasLind.art may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in AndreasLind.art’s sole discretion. AndreasLind.art provides the Site on an “as is” and “as available” basis.
All content on this Site, including but not limited to Images, Footage, Filmclip, Illustrations and related metadata (collectively the “AndreasLind.art Content”), as well as the selection and arrangement of the AndreasLind.art Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any AndreasLind.art Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and AndreasLind.art, AndreasLind.art does not grant any express or implied permission to use the Site or any AndreasLind.art Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any AndreasLind.art Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or AndreasLind.art Content.
Unless you enter into a license agreement with AndreasLind.art you may not download, distribute, display and/or copy any AndreasLind.art Content.
You may not remove any watermarks or copyright notices contained in the AndreasLind.art Content.

4. AndreasLind.art Trademarks

For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by AndreasLind.art.
Nothing contained herein grants or shall be construed to grant you any rights to use any AndreasLind.art Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use AndreasLind.art’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or AndreasLind.art.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of AndreasLind.art Trademarks or the Trademark rights claimed by AndreasLind.art.
You agree that you will not use any AndreasLind.art Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without AndreasLind.art’s prior written consent any word or mark which is similar to or likely to be confused with AndreasLind.art’s Trademarks.
The look and feel of the AndreasLind.art website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of AndreasLind.art and may not be copied, imitated or used, in whole or in part, without the prior written consent of AndreasLind.art.
All other trademarks, product names, and company names or logos used or appearing on the AndreasLind.art website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AndreasLind.art, unless expressly so stated.
You may not use a AndreasLind.art trademark, logo, Image or other proprietary graphic of AndreasLind.art to link to the AndreasLind.art website without the prior written consent of AndreasLind.art.
You may not frame or hotlink to the AndreasLind.art website or any Image without the prior written consent of AndreasLind.art.

5. Information You Provide

AndreasLind.art (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to AndreasLind.art subject to your agreement with the applicable third-party platform. AndreasLind.art’s collection and use of all such information shall at all times conform to this Terms of Use, the AndreasLind.art Privacy Policy, and applicable law.
AndreasLind.art will use and protect your personal information, such as your name and address, in accordance with the AndreasLind.art Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.

6. Your Content

For any image, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) AndreasLind.art will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws.
By uploading Your Content, you grant AndreasLind.art a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
1. Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
2. Contains any pornographic, defamatory, or otherwise unlawful or immoral content.
3. Exploits minors;
4. Depicts unlawful or violent acts;
5. Depicts animal cruelty or violence towards animals;
6. Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or
7. Violates any law, statute, or regulation.
You may not use any AndreasLind.art Content for any purpose without first obtaining a license to use such AndreasLind.art Content. Any use of AndreasLind.art Content by you shall be governed by the applicable license agreement separately entered into between you and AndreasLind.art. Displaying and/or distributing to the public any watermarked or unlicensed AndreasLind.art Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.

7. Our Content and Service

As a Private Customer or Business Customer you are able to purchase license to download and use our products avaible for download according the license you purchased as well as purchase printed products or other goods or merchandise avaiable on AndreasLind.art.
Our product image is purchase as is and the Customer have read, understood and accept these terms of puchase product image as is:
a) Prints ordered from a product image may not adapt to all printing sizes. The final printed product may be cut or places according to the posibilities that the product image gives. AndreasLind.art will do its best to make the filnal printed product as good as possible. There may also be different placement of product image to the same prints beween orders.
b) All products avaible for license are as is and can not be reclaimed for quality, damages or type of content.
The description of the Services due from AndreasLind.art to the Customer is set out in the Order Confirmation and from any agreed amendments or supplements to the contract. Subject to any provision to the contrary in a particular case:
a) any product ordered for printing shall be produced according to the standardisation for offset printing with process colours developed by FOGRA set out in DIN ISO 12647.
b) The following tolerances will apply: 2 mm for waste.
c) Minor colour variations may occur between product image and order and between orders.
d) From time to time AndreasLind.art switches its suppliers. The resulting minor variations of the products shall not be regarded as defects.
The purchase order may be changed only by concluding an amendment agreement or a supplementary agreement in writing. AndreasLind.art shall not be obliged to accept any changes required by the Customer.
AndreasLind.art shall not be contractually obliged to send the print data necessary to complete the order. All product images are availbe on the site and printed as is.

8. Infringement Claims

If you believe that any Image or other material made available by AndreasLind.art infringes upon any copyright that you own or control, you may notify AndreasLind.art.

9. Limitations

You agree that you shall not:
1. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of AndreasLind.art or any third party.
2. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use.
3. Violate the rights of AndreasLind.art or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

10. Restriction and Termination of Use

AndreasLind.art may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or AndreasLind.art Content at any time in AndreasLind.art’s discretion, without prior notice or liability to you. Any conduct by you that, in AndreasLind.art’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.

11. Links to Third Party Sites

In the event that the Site is available through any third-party platform, or if AndreasLind.art provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that AndreasLind.art makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of AndreasLind.art, and AndreasLind.art provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by AndreasLind.art.

12. Warranties and Disclaimers

Your use of the Site is at your own risk. The Site, its products and services is provided by AndreasLind.art under these terms of use “as is” without warranty of any kind, either express, implied, statutory or otherwise. AndreasLind.art expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, AndreasLind.art makes no warranty that:
(a) the Site, products or services will meet your requirements;
(b) access to the Site will be uninterrupted;
(c) the quality of the Site, products or services will meet your expectations;
(d) any errors or defects in the site, products, services or materials will be corrected. AndreasLind.art makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that AndreasLind.art will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.

13. Indemnification

You agree to defend, indemnify and hold harmless AndreasLind.art, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the AndreasLind.art Content, or your violation of any rights of another.

14. Miscellanous

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by court in Sweden, Uppsala.
These Terms of Use are governed by and shall be construed in accordance with the laws of Sweden, without respect to its conflict of laws principles.
In the event of any conflict between these Terms of Use and any license agreement you enter with AndreasLind.art, the terms of such license agreement shall control.
These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

– photo & art –