Licensor
Name: P. Bartelings, trading as FotoAmsterdam
Address: Hemsterhuisstraat 231
Postcode and city: 1065 KA Amsterdam, the Netherlands
Email: p.bartelings@gmail.com
1. Definitions
1.1 FotoAmsterdam: Peter Bartelings, trading as FotoAmsterdam, photographer, copyright holder and licensor.
1.2 Licensee: the natural person or legal entity acting in the course of a profession or business that obtains the licence.
1.3 Photograph: the photographic work identified in the order and licence certificate by a photograph ID, filename or image.
1.4 Licence: the limited right of use granted by FotoAmsterdam to the Licensee.
1.5 Licence Certificate: the written or electronic confirmation specifying at least the Licensee, the Photograph, the permitted application, media, term and any additional restrictions.
2. Applicability and agreement
2.1 These terms apply to all business quotations, orders and licences issued by FotoAmsterdam, unless otherwise agreed in writing.
2.2 The product page, order, any quotation, the Licence Certificate and these terms together constitute the agreement.
2.3 The agreement is concluded when FotoAmsterdam expressly accepts the order. An automated acknowledgement only confirms receipt of the order, unless it expressly states otherwise.
2.4 The right to use the Photograph starts only after the full fee has been received and FotoAmsterdam has provided the Licence Certificate and the associated delivery file or download facility.
2.5 FotoAmsterdam may refuse an order before acceptance, for example if the selected licence is unsuitable for the stated use or if legal, reputational or contextual risks exist. Any payment already received will then be refunded.
2.6 In the event of inconsistency, the following order of precedence applies, from highest to lowest: a signed bespoke agreement, the Licence Certificate, the order or quotation, the product page and these terms.
2.7 The licensing shop is intended exclusively for business customers. Anyone placing an order declares that they are authorised to act on behalf of the stated company or organisation. A consumer cannot waive mandatory consumer rights by making such a declaration.
3. Copyright and ownership
3.1 Copyright and all other intellectual property rights in the Photograph remain with FotoAmsterdam.
3.2 The Licensee does not purchase copyright, ownership or an unrestricted right of use, but only the licence expressly described.
3.3 Possession of a digital file or physical print does not grant any additional publication, reproduction or exploitation rights.
3.4 All rights not expressly granted in writing remain reserved by FotoAmsterdam.
4. Nature and scope of the licence
4.1 A standard licence is non-exclusive, non-transferable and may not be sublicensed.
4.2 The licence applies only to the Licensee, Photograph, application, media, term and territory stated in the order or Licence Certificate.
4.3 For online use, worldwide technical visibility is permitted, but only through the agreed domain or the Licensee’s agreed own accounts. This does not grant any right of use by third parties or distribution outside the agreed digital channels.
5. Third-party rights, releases and restrictions on use
5.1 Unless expressly stated otherwise in writing on the Licence Certificate, FotoAmsterdam does not hold Model Releases (consent declarations from photographed persons) or Property Releases (consent declarations from owners, operators or architects of depicted property, artworks or modern buildings).
5.2 The Licensee is solely responsible for determining whether the intended use, particularly commercial, promotional or advertising use, requires consent from third parties, including holders of architectural copyright, trademark rights or portrait and personality rights. The Licensee is responsible for obtaining and paying for any such consent.
5.3 FotoAmsterdam accepts no liability for claims, loss, damage or costs asserted by third parties as a result of the Licensee using the Photograph without the required releases or consent from the relevant property owners, architects or depicted persons.
5.4 Photographs identified on the product page or in the shop as “Editorial Use Only”, or by comparable wording, may be used solely for editorial, informational or educational purposes, including newspapers, news blogs, magazines and educational publications. Commercial, promotional or advertising use of these specific Photographs is expressly prohibited.
6. Obligations of the Licensee
6.1 The Licensee must include a clear and complete credit with every publication or communication of the Photograph, unless the Licence Certificate expressly states that the credit requirement has been waived for an additional fee. The standard credit is: © FotoAmsterdam / Peter Bartelings.
6.2 The Licensee may not alter, crop, colourise or otherwise modify the Photograph, except where technically necessary for the agreed layout or where FotoAmsterdam has given prior express written permission.
6.3 The Licensee may not use the Photograph in any harmful, defamatory, pornographic, politically sensitive or otherwise unlawful context, or in any context that could damage the reputation of FotoAmsterdam or any depicted persons.
7. Payment, suspension and termination
7.1 FotoAmsterdam invoices must be paid within the period stated on the invoice. If no specific period is stated, payment is due within 14 days of the invoice date.
7.2 If the Licensee fails to pay on time, the Licensee will be in default by operation of law. From that moment, FotoAmsterdam may charge statutory commercial interest and extrajudicial collection costs.
7.3 In the event of late payment, FotoAmsterdam may suspend or withdraw the licence with immediate effect. Any use of the Photograph during suspension or after withdrawal constitutes copyright infringement.
8. Liability and indemnity
8.1 FotoAmsterdam supplies the Photograph in the technical condition and resolution stated on the product page. FotoAmsterdam is not liable for indirect or consequential loss, loss of profit or loss of savings suffered by the Licensee.
8.2 FotoAmsterdam’s total liability for an attributable failure to perform the agreement is limited per event to the amount paid by the Licensee for the relevant licence.
8.3 The Licensee shall indemnify FotoAmsterdam against all third-party claims resulting from the Licensee’s incorrect, unauthorised or unlawful use of the Photograph.
9. Governing law and disputes
9.1 The agreement and these terms are governed exclusively by the laws of the Netherlands.
9.2 Any dispute arising from or relating to the agreement shall in the first instance be submitted exclusively to the competent court in the district where FotoAmsterdam has its registered office.