Terms and Conditions

Please read this agreement carefully.

This is a license agreement between the user and GeHaKT Media, which explains how the licensed content can be used.

By purchasing or using content from GeHaKT Media, the user agrees to the terms of this agreement and is obliged to comply with them. If the user does not agree with one of the conditions in this agreement, the content offered by GeHaKT Media cannot be purchased or used.

For the purposes of this Agreement, "use" means downloading, copying, reproducing, modifying, editing, synchronizing, displaying, broadcasting, publishing or otherwise making use of the content licensed by GeHaKT Media.

Please read the “Restrictions” section for exceptions to the rights granted.

Under the terms of this agreement, GeHaKT Media grants the following licenses:

1. Royalty Free License

Royalty Free content is licensed for unlimited use. The price is calculated based on the file size.

The rights granted by GeHaKT Media are: permanent (no duration of use), worldwide (can be used in any geographic area), unlimited (can be used an unlimited number of times and in all types of media) and not exclusive (GeHaKT Media can use the same content in licensing to other customers).

If the user wishes to acquire the exclusive rights to royalty-free content, they must contact GeHaKT Media.

2. Rights Managed License

Rights-managed content is licensed for limited use. The price is calculated based on size, placement, use duration and geographic distribution.

3. "For Editorial Use Only"

Some of the content on this website, both under the royalty free and rights managed license, is offered by GeHaKT Media with the restriction “For Editorial Use Only”. This content may be used only to illustrate newsworthy events or events of general interest to the public in, for example, a newspaper, magazine, editorial website or blog, non-commercial presentation, etc. Use for commercial, promotional or advertising purposes is expressly prohibited.

Content identified as “Editorial Use Only” cannot be changed in any way. Cropping however is allowed on the condition that meaning of the content does not change and the editorial integrity of the content is guaranteed.

Restrictions

1. The user may not use the content in a pornographic, defamatory or otherwise unlawful manner.

2. The content provided by GeHaKT Media may not be used in a way that allows others to download, extract or redistribute it as a standalone file, separate from the final project or use.

3. Sensitive topics. Content containing persons or owned by others, when used in connection with a sensitive or controversial topic, must indicate that it is used for illustrative purposes only and that the persons presented in the content are models.

4. The user may not falsely claim to be the original creator of a particular work when it consists primarily of content licensed by GeHaKT Media.

Prohibited uses unless an additional license is purchased.

1. Sales of products. Unless a custom license has been purchased, the user may not use the licensed content as an image on products for sale, including but not limited to postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile phones or similar items (including marketing products through custom websites).

2. Electronic templates. The user may not use the content licensed by GeHaKT Media to develop electronic or digital templates for resale or other forms of distribution (e.g. website templates, business card templates, greeting card templates, brochure design, etc.).

3. Trademarks or Logos. Unless a custom license has been purchased, the user may not use the content as part of any trademark, trade name, company name, service mark, or logo.

Who can use the content licensed by GeHaKT Media?

The rights granted to users are non-transferable and non-sublicensable and cannot be transferred or sublicensed to another person, except in the following situations:

1. Employer or client. If the purchase is made on behalf of an employer or customer, the user's employer or customer may use the content. In that case, the user represents and warrants that he has full authority to bind his employer or client to the terms of this agreement. If the user does not have this authority, his employer or client cannot use the content. The rights obtained can only belong to the user or to his employer / client, depending on who is identified as the user.

2. Subcontractors. The user can authorize subcontractors (e.g. typographers) or distributors to use the content in any production or distribution process related to the final project or use. These subcontractors and distributors must agree to be bound by the terms of this agreement and must not use the content for any other purpose.

User accounts

The user is responsible for controlling all activities of his user account and agrees to maintain the security of all passwords and usernames. In the event of any unauthorized use or disuse of the security, the user will immediately notify GeHaKT Media. The user agrees to accept all responsibility for any activity that occurs under his user account.

GeHaKT Media reserves the right to monitor transfers and user activity to ensure compliance with the terms of this agreement. If the user is found to be in violation of this or any other rule of this agreement, GeHaKT Media may suspend access to the account and use other legal means.

Proprietary Rights and Authorship

All content licensed on the website is the property of GeHaKT Media. The user cannot claim any income related to photocopies, digital copies or other secondary uses of the licensed material.

For commercial use it is not necessary to state the authorship of the image, but in case of use of the content for editorial purposes, the following statement must be included next to the content or in the credits of the work: “© GeHaKT Media ”Or“ © GeHaKT Media / name of author ”.

The user may use the name GeHaKT Media but not its logos or trademarks without prior written permission.

Termination / Cancellation / Deletion

Termination: GeHaKT Media may terminate this agreement at any time if the user violates any of the terms contained herein. The user must then stop using the content and delete or destroy all copies. Upon request, the user must confirm in writing to GeHaKT Media that these requirements have been met.

Social Media Usage Rights: If the user reproduces the licensed content on a social media platform or any other third party website and this platform or website uses the content for its own purposes or in violation of the terms of this agreement, this agreement will be immediately withdrawn . In that case, the user agrees to remove all content from that platform or this website at the request of GeHaKT Media.

Refund and Cancellation: All requests for a refund or cancellation must be made in writing within a maximum period of 7 days and as long as the content has not been used. Once these conditions are met, GeHaKT Media can cancel the order and issue a full refund to your account or credit card. No credit or refund is available for cancellation requests received more than 7 days after receipt of the content. In the event of cancellation, the rights to use the content will be revoked, requiring the licensee to delete or destroy all copies of the content.

Removing Content: GeHaKT Media reserves the right to unilaterally and at any time stop licensing any content item. In light of the notice to GeHaKT Media, or if GeHaKT Media itself becomes aware that any content is subject to a claim of infringement of a third party's right, GeHaKT Media may require the user to immediately and independently stop using the delete or destroy content, any copies, and cause its customers, distributors and / or employer to do the same. In that case, GeHaKT Media will offer replacement content free of charge, subject to the other terms of this agreement.

Representations and Warranties.

GeHaKT Media declares and guarantees the following:

Non-infringement guarantee. For all Licensed Content, GeHaKT Media warrants that the use of such Content - except for any changes, overlaps or reorientations made by the user - is in accordance with this Agreement and that, as provided by GeHaKT Media , it does not infringe:

- any copyright or moral rights of the owner / author of the content;
- any trademark or any intellectual property right
- to any right to privacy or publicity.

Disclaimer of Warranty. Unless otherwise stated in the agreement, GeHaKT Media does not grant any rights or warranties of any kind with regard to the use of names, persons, trademarks, trade dress, unregistered or copyrighted logos, designs, works of art or architecture depicted or contained in the content. In such cases, the user is solely responsible for ascertaining whether authorizations are required for the proposed use of the content and is solely responsible for obtaining such authorizations. User acknowledges that in general no authorizations are granted for content identified as “editorial use only” and that some jurisdictions provide legal protections against the use of anyone's photo, image, or intellectual property for commercial purposes, when not authorized by that person. User is solely responsible for payment of any amounts due under and in accordance with any other terms of any business agreement resulting from the use of the Licensed Content.

Disclaimer caption / metadata. While great efforts are made to classify, index, name and properly title content, GeHaKT Media does not warrant the accuracy of any such information or any metadata provided with the content.

Absence of other guarantees. The content is provided "as is" without any express, implied or explicit statement, warranty or condition, including without limitation any representations, warranties or conditions implied in the sale or use for a particular purpose. GeHaKT Media does not represent or guarantee that the website or the content made available is suitable for the needs of the user or that its use will be uninterrupted or error-free.

Indemnification / Limitation of Liability.

Fee payable by the user to GeHaKT Media. User accepts and agrees to defend, indemnify and hold GeHaKT Media, its owner and content providers, as well as its agents, administrators and employees, harmless from all damages, liabilities and expenses (including legal fees) arising from the use of any content outside the scope of this agreement; of any violation or alleged violation by the user (or any person on behalf of the user) of the terms of this agreement or any other agreement with GeHaKT Media; and failure to obtain necessary permission to use the licensed content.

Limitation of Liability.

GeHaKT Media is not liable to the user or any other person or entity for any special, indirect, incidental, consequential or similar damages, nor is GeHaKT Media liable for any costs or losses arising from this agreement, even if GeHaKT Media is on the has been made aware of the possibility of such damages, costs or losses.

Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusion may not apply to you.

Miscellaneous

Allocation. This agreement is entered into on a personal basis with the user and may not be assigned by the user without the prior written consent of GeHaKT Media. GeHaKT Media may, without notice or consent, assign this agreement to a business affiliate or successor, provided such entity agrees to be bound by these terms.

Audit. Upon reasonable notice, the user agrees to provide GeHaKT Media with copies of project or end use examples with licensed content, and to provide GeHaKT Media with free access to any website or platform where the content is reproduced and to which access is paid or otherwise limited. In addition, upon reasonable notice, GeHaKT Media has the right, in its sole discretion, either through its own employees or third parties, to conduct audits of user records directly related to this Agreement and to the respective uses of the Licensed Content, to verify compliance with verify the terms of this agreement.

Electronic storage. The user agrees to keep the copyright symbol, the name of GeHaKT Media, the identification number of the content and all other information in the electronic file with the original content, as well as the security measures used to protect the content against unauthorized use By a third party. The user may make one (1) copy of the content as a backup.

Jurisdiction This agreement is governed by the laws of the Belgian state. Both parties agree to and accept the exclusive jurisdiction of the courts of Belgium.

Autonomy of contract terms. In the event that any of the clauses of this agreement are held to be invalid or illegal, this will not affect the validity, legality and enforceability of the remaining clauses. Such clauses are revised only to the extent necessary to enforce them.

Distance. Only a formal written waiver may constitute a waiver of any provision of this Agreement.

Notifications. All notices to be sent to GeHaKT Media under this agreement must be sent by email to info@sothisisflanders.be.

All notices to the user are sent by email to the email address specified in the associated user account.

Taxes. User is solely responsible for all sales taxes, usage taxes, value added tax, withholding taxes and charges imposed by any jurisdiction arising out of the license granted or use of the licensed content.

Status of the licensed content. The user must review the Licensed Content and check for possible defects (digital or otherwise) before submitting the Licensed Content for copying. GeHaKT Media is not responsible for damages or losses incurred by the user or any third party, whether direct or indirect, as a result of actual or alleged defects in the licensed content or its captions or in any other way in the copy.

License Cancellation. If a written request to cancel this Agreement is made within 30 days of the date of receipt of the Licensed Content and if such Licensed Content has not been used, GeHaKT Media may, by law, cancel this Agreement and grant credit to the account or the user's credit card

Electronic invoicing; Interest on overdue accounts. The user accepts to receive electronic invoices from GeHaKT Media (owned by Geert Huysman), via the email address linked to the user's GeHaKT Media account. If the user does not pay an invoice from GeHaKT Media in full within the period stated therein, GeHaKT Media may, under the conditions permitted by law, charge service costs for any amount due until payment is made.

Reservation of Rights. Except as expressly provided in the terms of this agreement, nothing herein shall be construed as a transfer or transfer to the user of any ownership of the rights, including copyrights and related rights in the licensed content or works and services used therein.

Various provisions.

Unauthorized Use and Termination. Any use of the Licensed Content in a manner not expressly permitted by this Agreement, or in violation of its terms, constitutes a violation of intellectual property rights and grants GeHaKT Media the right to exercise any remedies available under intellectual property laws around the world. In addition, and without prejudice to other remedies, GeHaKT Media reserves the right under this agreement to charge the user an amount equal to five (5) times the price of the license from GeHaKT Media, for unauthorized use of the licensed content. The user hereby agrees to pay,

GeHaKT Media also reserves the right to terminate this agreement if the user does any of the following:

- Execute the agreement after the user has been informed by GeHaKT Media of the unauthorized use of licensed content;
- provide inaccurate information regarding the purposes of using Licensed Content at the time of entering into this Agreement;
- not paying for the license in full on the expiry date;
- otherwise takes action in violation of the terms of this agreement.

Upon termination, the user must immediately cease use of the Licensed Content and destroy the Content.

Suspension. Upon notification to GeHaKT Media or if the user becomes aware that the Licensed Material may be subject to a claim of third party rights for which GeHaKT Media may be liable, GeHaKT Media may require that the User, immediately and on its own initiative:

- suspend the use of licensed content;
- removes or removes the licensed content from the user's electronic, physical or storage facilities;
- ensures that the users of the user take the same measures.

GeHaKT Media offers the user, at no additional charge, equivalent licensed content (equivalent as determined by GeHaKT Media according to criteria of commercial reasonableness) that is subject to the terms of this agreement.