To use the Bildbyrån i Hässleholm KB’s (hereinafter “Bildbyrån”) mobile application, the user must agree to the following terms of use. These are binding. By using the application, you as a user agree to the terms of use.
1. The user
These terms and conditions apply when the user is able to access images from Bildbyrån through Bildbyrån’s digital application “Bildbyrån”. The user is responsible for not abusing the use of the digital archive. If the User violates the Terms of Use, the User may be disabled from using the application and legal action may be taken.
2. Copyright and byline
All available images are Bildbyrån’s images and protected by copyright law. The copyright to the images does not pass on to the user whom is only allowed to share the pictures on the social media Twitter, Instagram and Facebook, as well as on blogs. The images may not be used commercially, in print or in other digital applications than the ones mentioned above, as this requires a separate licensing agreement with Bildbyrån. Bildbyråns logo in the form of a watermark may not be cut away or otherwise removed. Both the photographer’s name and Bildbyråns name must always be included when publishing an image. Excluded or incorrect byline is charged according to current price list.
3. Use, Rights, and Restrictions
The user receives a non-exclusive right for one time use of an image that may not be transferred. The images may not be transferred or released, rented, distributed or multiplied, unless otherwise expressly stated in the contractual right of use. The user is responsible for the publication and use of the images towards Bildbyrån. Bildbyrån reserves the right to disable users from continued access to the application, digital image archive and use of images without prior notice if tease terms are violated.
4. Image handeling
Processing, manipulation, retouching or other changes to images – in addition to normal editing that does not in any way alter the content of the image – may not be done without the written permission of Bildbyrån. The responsibility for and any damages arising from such unauthorized use of images rests entirely on the user.
5. Storage
Bildbyråns may be stored digitally but not for any other purpose or longer than necessary for the agreed use.
6. Protection of Individuals and Trademarks
According to the law “namn och bild i reklam (1978:800), images may not be used in marketing in which another’s name or image is used without his prior consent. The responsibility for obtaining such consent rests entirely on the user. If another copyright owner’s work, trademark or other intellectual property right appears on a picture, the user is responsible for obtaining the necessary concessions and solely responsible for all claims and damages. If an image of a person is reproduced in a manner or context that may be perceived as offensive, impaired or otherwise sensitive or in a context that the person does not wish to participate in, the user is liable for any damages. The same applies if the use of the image violates the author’s copyright.
7. Limitation of Liability and Force Majeure
Bildbyrån is not liable for damage or other penalties if the performance is prevented or obstructed as a consequence of circumstances beyond the control of Bildbyrån or as Bildbyrån may not reasonably have control over such as natural event, war, government decision, government regulation, strike, boycott, blockade, lockout, computer, software or server errors, telecommunications errors or other similar or similar circumstances with a subcontractor. Bildbyrån is not responsible any damage caused by delay, error or lack of image or image availability or malfunction or interruption of the digital service. Nor is Bildbyrån responsible for any incorrect or inaccurate data. Bildbyrån is in no case responsible for indirect damage or consequential damage. Bildbyrån shall under no circumstances be required to pay more than the amount corresponding to the invoice amount relating to the image which gives rise to liability and never more than one (1) base amount (prisbasbelopp).
8. Create and correct
Swedish law applies to this agreement. Disputes at first instance shall be reviewed by the Stockholm District Court.