In the event of conflicts with this English translation of the General Terms and Conditions, the Dutch edition shall prevail.
In these Terms and Conditions the following terms are defined as follows:
a. KINA the company is registered in the Commercial Register of the Chamber of Commerce under number 58888454
b. The Other Party( written with a capital O and a capital P) the Other Party of these Terms and Conditions as defined in art. 6: 231 B.W.
c. Author: the creator (m/f) within the meaning of the (Auteurs wet) Copyright Act 1912, which has given Kina contract to exploit his work.
d. Work: a document defined in the Copyright Act, especially, but not limited to, a photographic document.
e. Photo: the digital file supplied by Kina to the Other Party, in which a work is captured.
2. Applicability of Terms and Conditions
These Terms and Conditions apply to all legal relationships between Kina and the Other Party, even after the termination of a contract, unless the parties have changed explicitly and in writing from these Terms and Conditions. Terms used by the Other Party are explicitly rejected by Kina.
Tariffs are clearly displayed on the KINA website. (www.kina.nl)
All rates are only for one-time usage of the work. Once permission has been obtained and use fees have been paid, the digital materials may be used for publication only once.
Payment is only possible by electronic means unless otherwise specifically agreed in writing between Kina and the Other Party.
Photos are provided exclusively by download from the KINA website, after the Other Party has fulfilled its obligations. The agreed delivery time is immediately after the Other Party has fulfilled all obligations.
6. Duty of care to prevent reuse
The Other Party is not entitled that purchased photos
a. will be provided to a third party
b. will be reused
c. will be archived/ stored longer than required for a one-time publication
Complaints must be made within seven (7) days after delivery by e-mail or by telephone to Kina. Email address and telephone number of KINA is published on the KINA website.
Photos will never be the property of the Other Party but will remain the (intellectual) property of KINA
9. Right of Use (License) and Intellectual Property Rights
Kina grants at the time of downloading permission to the Other Party for the single use of the work in an unaltered form. The Other Party is not authorised to transfer his rights or obligations resulting from an agreement to a third party without explicit prior written consent of Kina. The Other Party shall ensure that the names of the author is indicated below the picture, or in the colophon in which the work of the author is referred to: ©Kina/Name Photographer
10. Third Party Rights
If the Other Party publishes a photographic work, it is solely responsible for obtaining the consent of those persons depicted and / or other copyright holders. The Other Party shall indemnify KINA against any third party claims. Kina is obliged to cooperate in tracing the persons referred to in this article.
11. Other Provisions
Kina is not liable for any damage caused to the Other Party, unless there is gross negligence or intent on the part of Kina or people engaged by Kina. The liability is in any case limited to the invoice amount. All cases in which these General Conditions and Terms apply are governed by Dutch law.