License Agreement
Annette Spaan Photography and Writing
Thank you for your interest in my images!
This is a license agreement between you (the user of my images) and Annette Spaan Photography and Writing (‘I, me’). Annette Spaan Photography and Writing is a sole proprietorship, based at Kortenhoefsedijk 159, 1241 LZ in Kortenhoef and registered at the Dutch Chamber of Commerce under Trade Register number: 54278112.
I advise you to read the license agreement carefully, because it explains how you can use my images. Annette Spaan Photography and Writing reserves the right to modify this license agreement at any time in her sole discretion.
This license agreement is subject to full (and timely) payment of the purchase fee.
– What types of licenses do I offer to you?
When it comes to using my images, there’s two different types of licenses you can buy: the standard license and restricted use license. It’s important that you understand how each license works. Most images come with a standard license, but there are a couple that can only be used with a restricted use license. The images with a restricted use license will have the sign XX next to the image name. The difference is that the images with a restricted use license can only be used for non-commercial journalistic purposes, like for example (travel) journalism or (travel) books. You must also include a credit to the company / building / organization (such as a restaurant, hotel or another public space) shown in the image. This name is mentioned in the image file name.
The version of the license agreement applicable to your order will be considered the version available on my website at the time of placing your order. Please revisit this webpage any time you make a new purchase.
Standard license:
✔ Downloadable JPG file format.
✔ Non-commercial and commercial use.
✔ Your license is worldwide.
✔ Use on small print publications limited to 5.000 copies per edition.
✔ This license is valid for a period of 2 years from the date of purchase.
✔ This license is non-transferable, non-sublicensable and non-exclusive.
Restricted use license:
✔ Image may only be used for journalistic purposes (for example, in a travel magazine), for a travel book / guide, or by a tourist office to promote a destination.
✔ Image may not be used for commercial purposes, such as promotions, advertorials, advertisements, etcetera, unless the image is used by a tourist office to promote a destination or for a travel book / guide.
✔ Downloadable JPG file format.
✔ Use on small print publications limited to 5.000 copies per edition.
✔ This license is worldwide.
✔ This license is valid for a period of 2 years after the date of purchase.
✔ This license is non-transferable, non-sublicensable and non-exclusive.
✔ You must include a credit to the company / building / organization (such as a restaurant, hotel or another public space) shown in the image. This name is mentioned in the image file name.
All the images with a XX next to the image file name have a restricted use license.
– Who is allowed to use the image?
The image must be used by you, your employer or the client you work for. You are granted a non-transferable and non-sublicensable right to use the purchased image. What does this mean? Non-transferable means, for example, that you are not allowed to sell the license without my permission. Non-sublicensable means, for example, that you are not allowed to sub-license the right to use the image, without my permission.
I understand that you may purchase the image on behalf of your employer or client. If that’s the case, then your employer or client is allowed to use the image under the conditions of this license agreement. In other words: you represent and warrant that you are fully authorised to bind your employer or client to the terms of this license agreement. If (it turns out that) you don’t have this authority, then your employer or client is not allowed to use the image and you are personally liable for any breach of the license agreement. You must let me know the name of your employer or client, before they are allowed to use the image. You are not allowed to use the image for your own purposes, if you have purchased the image on behalf of your employer or client. You need to acquire a new license for each additional client or employer.
You may allow subcontractors or distributors to use the image if this is strictly necessary in any production or distribution process for your final product or end use. You have to make sure that these subcontractors or distributors comply with this license agreement.
Please note that the license agreement is for a single user, but up to 3 people of a single legal entity (such as a company or organization) may use the image on behalf of this single legal entity.
– How long can you use the image under the license agreement?
I grant you a license for a period of 2 years from the date of purchase. Upon expiration of this term, please contact me if you wish to renew your license.
– Do I give any guarantees?
I guarantee that all images were made by Annette Spaan Photography and Writing, and Annette Spaan Photography and Writing is solely authorized to grant licenses to third parties.
– What are you not allowed to do with the image?
Besides the other restrictions mentioned in this license agreement, you are not allowed to:
❌ use the image on the cover of books, magazines and newspapers. This is only possible with another kind of license, please contact me if you are interested in using the image for a cover to see the possibilities
❌ use the image for TV, video and billboards
❌ falsely represent that you are the creator of the image or of a work that is made up largely of licensed content
❌ use the image for political campaigns
❌ use the image in an unlawful or offensive way
❌ incorporate the image into (on demand) merchandise/products (such as t-shirts, bags, and other items)
❌ make the image available in digital format for third parties
❌ use the image for your logo, trademark
❌ use the image to produce fine art prints or posters
– Do I offer exclusive licenses?
No, I only offer non-exclusive licenses. This means that you do not have exclusive rights to use the image. I can license the same image(s) to other customers. If you would like exclusive rights in order to use the image without any restrictions, get in contact with me.
– Can you use the image worldwide?
Yes, you can! I give you a worldwide license. A worldwide license means that you can use the image in any geographic territory.
– Are you allowed to edit the image?
No, you’re not allowed to modify (i.e. edit) the image, except for minor adjustments for technical reasons or cropping and / or resizing. It is, for example, not allowed to change the color of the image.
– Do you need to give credits to Annette Spaan?
You only need to give credits to the photographer (Annette Spaan) if such credit is customary in the industry (print publications for example) and if you use my images on social media. On social media, you should give credit by tagging me: @AnnetteSpaan. Are you not sure if you should give credit or not? Please contact me! It’s better to be safe than sorry.
– What is the file format?
The image can be downloaded in JPG file format.
– Do you get access to RAW-files?
No, I do not hand over the RAW-files of images.
– Do I have the right to revoke the license?
Yes, I have that right. I may, for example, revoke the license for an image, when the image becomes subject to a claim of infringement of third party rights. In that event, I will notify you asap. You’re obliged to immediately cease using the image and you must delete any copies. Of course, I will offer you a replacement image (free of charge) within 30 days. I apologize in advance for any inconvenience this may cause.
– Can this license agreement be terminated?
Yes, I am allowed to terminate the license agreement if you do not comply with the terms of the agreement, in which case you must immediately stop using the image and delete any copies you may have.
– What if you’re not sure about your rights & obligations under this license?
Please contact me if you have any questions about this agreement by sending an email to info@annettespaan.com.
Some final clauses:
This license agreement is governed by the laws of the Netherlands and the competent court of Midden-Nederland, the Netherlands, shall have exclusive jurisdiction. The Convention on Contracts for the International Sale of Good (CISG) is hereby excluded.
If one or more of the clauses in this license agreement is found to be (wholly or partially) invalid, illegal or unenforceable, the remaining clauses shall remain effective and valid.