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Terms of purchase

Terms of contract for purchases from Johnér Bildbyrå AB (hereinafter "Bildbyrån"). For definitions and concepts relating to these terms and conditions, see point 10. Where the person entering into this agreement does so as a representative of his employer or other legal entity, this agreement applies both to that person and to the person's employer, defined below as the Product user. Should the person's employment be terminated, only the Product User, not the person, has the right to continue using the Product purchased under this agreement. Products provided by Bildbyrån may only be used with the authorisation of Bildbyrån. The right to use the product is agreed at the time of ordering and is specified in the Confirmation. The Confirmation is part of these terms and conditions and all references to the terms and conditions include the Confirmation. Use of the Product without such authorisation constitutes not only a breach of this Agreement but also an infringement of copyright, which may result in criminal liability. When the Product is downloaded digitally, an agreement is entered into with Bildbyrån according to the terms and conditions that are online at www.johner.com/en_US/terms/eula.php at the time of each download. Downloading the Product constitutes acceptance of these terms and conditions by You/Licensee. If you are an intermediary (such as, but not limited to, an advertising, design or web agency), the Product may only be used for a Licence Owner, who agrees to be bound by the terms of this agreement. The licence owner is specified at the time of download and is the owner of the publishing rights. By accepting this agreement, you certify that your Licensee agrees to the terms of this agreement. 1. Use of Products The full right under these terms and conditions to use the Product is acquired by ordering the Product from Bildbyrån, receiving Confirmation from Bildbyrån and making payment. When ordering, the Product must be specified and appear in the Confirmation. Use of the Product may begin after the Confirmation has been received, but before payment has been made. The ordered Product may then be used in accordance with this agreement unless otherwise clearly stated in the Confirmation. All rights of use are non-exclusive unless otherwise clearly stated in the Confirmation. Products may be available to a maximum of ten (10) people unless otherwise agreed at the time of order and stated in the Confirmation. Products may only be published in accordance with the press code of ethics. Products may not be edited and/or manipulated in such a way that it violates the model. Products with models may not be published in sensitive or in any way offensive to the model unless the model authorises it before publication. In such approved sensitive publication, it must be clearly stated that the person(s) depicted have nothing to do with the article/context, for example as a line of text in the published Product. Sensitive and offensive contexts include, but are not limited to, sex, politics, medicine, dating, substance abuse, mental illness and physical or mental disability. What is considered offensive can be difficult to determine in some cases. If you are unsure whether you can use the Product, please contact us. When publishing the Product electronically, e.g. on the internet, screen savers, electronic postcards or newsletters, the Product may not be made available in a way that appears to third parties to be free to copy, download, extract or redistribute and publish with a sender other than the licence owner. In accordance with copyright law, the name of the photographer/photo agency shall, as far as possible, be stated when publishing or otherwise using the Product. Subject to the above, Products may not be used in any commercial context where the Product constitutes a significant part of the sales value of the final product, e.g. but not limited to, the use of Products for screen savers, postcards or posters. Furthermore, Products may not be used for product packaging in excess of 100,000 copies. For more information regarding this, please contact Bildbyrån on (int) +46 8 644 8330 or info@johner.se. 2. Right of use After payment, the licence holder is only entitled to publish the Product and has no commercial right to resell or transfer the Product to third parties. 3. Cancellation If the Product is cancelled within 30 days of the order date, the Product user is obliged to pay only half of the invoiced cost of the Product use, provided that the Product has not been published. In case of later cancellation, there is no right to deduct the agreed Product cost. 4. Costs and payment The cost of the Product use including delivery and handling costs is stated in the Confirmation from Bildbyrån. If the user chooses to split the payment of the Product, the user accepts responsibility for the total amount of the order for the entire period. Payment terms for the Confirmation are 20 days net unless otherwise agreed. In case of late payment, penalty interest will be charged at 8% above the applicable discount rate, as well as the statutory reminder fee. 5. Limitation of liability Bildbyrån is entitled to grant rights of use to Products published on Bildbyrån's website from the respective copyright holder. According to Swedish law, the Products made available via Bildbyrån's website do not infringe the intellectual property rights of others. Bildbyrån accepts no responsibility for Products that are cropped, retouched or in any other way changed from the appearance of the Product on delivery to the Product user. When using Products in sensitive contexts according to paragraph 1, which lack a special agreement with the model, the Product user undertakes to compensate any damage to Bildbyrån. Rights for Products are non-exclusive and any damages for Product users are not compensated by Bildbyrån. Bildbyrån's liability for damages is always limited to the total amount Bildbyrån has invoiced for the Product. The limitation of liability does not include Bildbyrån's obligation to fulfil the conditions of the GDPR with regard to the necessary permissions for persons depicted in the Product. 6. Penalty If the Product user uses/publishes the Product without confirmation being received or payment being made, or if the Product is otherwise used in a way that is unauthorised under this agreement or Confirmation, the Product user undertakes to pay Bildbyrån a penalty amounting to the greater of (a) ten times the amount that the Product use would have cost or (b) SEK 50,000. Unauthorised use also entitles Bildbyrån to cancel the agreement entered into with the Product User with immediate effect without refunding the invoiced amount. In the event that the Product User violates any of the other terms and conditions of the agreement, he or she is obliged to take corrective action as soon as he or she becomes aware of the breach. The Product User also undertakes to hold Bildbyrån harmless if the breach of conditions has resulted in financial damage to Bildbyrån, depicted models or property. 7. Digital processing It is the responsibility of the Product user to make any corrections to the digital Product that are required for the best final result when published. Bildbyrån does not provide any compensation for unsatisfactory results. 8. dispute Disputes arising out of this agreement or other related legal relationships shall be resolved in Swedish courts in accordance with Swedish law. 9. The significance of the purchase conditions in relation to the Confirmation. In the event that any term of the Confirmation conflicts with any term of this document ("Purchase Terms"), the terms of the Confirmation shall prevail. 10. definitions "Confirmation" Confirmation means, but is not limited to, an invoice, order confirmation, receipt or agreement sent by Bildbyrån when placing an order. "Product users" Product User means the specified contracting party/parties in the confirmation from Bildbyrån. "Licence holder" Licensee means the individual legal entity that owns the right to publish the Product, unless otherwise stated in the Confirmation. Where the Product User is an intermediary, the Product User and the Licence Owner are different parties. Product Users who are intermediaries undertake to indicate who the Licence Owner is when downloading the Product. Where a Product User is not an intermediary, the Product User and the Licence Owner are the same party. "Product" Product means all media offered by Bildbyrån from time to time. Product includes, but is not limited to, still images, video clips, vector graphics, illustrations and audio. When purchasing Product, a right of use is obtained which gives a Licensee the right to publish the Product in accordance with these terms of use. Product can be purchased with different types of right of use, including but not limited to Editorial right of use, Rights-Managed (RM), or Royalty-free right of use (RF). "Royalty-free (RF)" Royalty-free licence means an unlimited right of use, but may also apply to a limited right of use in e.g. time, media and/or per Market. Which right of use applies is stated in the Confirmation when purchasing a Product. "Editorial right of use" Product with editorial use rights only may not be published in any commercial context. The product may only be used in one insertion and in unaltered form. "Rights-Managed (RM)" Rights-Managed means a one-time licence for a Product and valid for a predetermined use, time, Market and/or edition. "Packages" When purchasing a Service Package, the right to download a limited number of Products during a period of one year (365 days) is purchased unless otherwise stated in the Confirmation. The maximum number of Products that can be downloaded during the period is stated in the Confirmation. Day one of the period is the day the Confirmation was received. Downloaded Product can be published with an unlimited right of use (RF) by a Licence Owner unless otherwise clearly stated in the Confirmation. "Subscription" When purchasing the Subscription service, the right to download an unlimited number of Products is purchased for a period of time determined by the subscription period chosen at the time of purchase, unless otherwise stated in the Confirmation. The first day of the period is the day the Confirmation was received. The subscription is automatically extended by a new period, corresponding to the binding period selected at the time of purchase, unless the service is cancelled in writing before the new period begins or otherwise stated in the Confirmation. Downloaded Product can be published with a limited right of use (RM) per download, on own platforms and in own channels by a Licence Owner, unless otherwise stated in the Confirmation. It is possible during the current subscription period to purchase an RF licence per product in the same or larger file size with unlimited usage rights. All products that have been downloaded but not published during the subscription period must be deleted upon cancellation. The conditions in point one (1) continue to apply even after cancellation. "Subscription Small/Medium" Products in these services may only be published in digital channels. Upon cancellation of the subscription, the right to use downloaded Products ceases and these must be removed from the channels where they were published. It is possible to extend the right of use for used Products on an annual basis after the end of the subscription. A product with an extended right of use will then have a one-year right of use in optional channels. "Subscription Large" Products in this service may be used in any proprietary media, digital and print. At the end of the subscription, the downloaded Product may be kept where it was published but may not be used again. "Market" A Market is defined as the country where the target audience for the publication is located. The right to publish always includes one or more markets as stated in the Confirmation. Exceptions This document is a translation of the Swedish document. In case of any difference in meaning/interpretation of the content depending on the translation, the Swedish meaning always applies. Effective 2023-11-20