To use the Bildbyrån i Hässleholm KB’s (hereinafter “Bildbyrån”) digital image archive, the user thereof, the Customer, must accept the following terms of agreement. These are binding. By logging into the image archive or downloading a composite picture (Comp license), the Customer accepts the terms of agreement.
1. The Customer
These terms and conditions apply when the Customer gains access to images from Bildbyrån by downloading them online from Bildbyrån’s digital archive, manual delivery after ordering or through a special feed. These terms and conditions supplement any license or subscription agreement, where that agreement takes precedence. The Customer is responsible for ensuring that the username and password assigned to them for use of the digital archive are not misused. If the username and password are used by someone who is not authorized, the Customer will be liable for damages.
2. Copyright and Byline
Bildbyrån’s and its content supplier’s images are protected by copyright law. The copyright to the images is not transferred to the Customer, but the Customer only receives an agreed right of use. Both the photographer’s name and Bildbyrån’s name must always be stated when publishing an image. Omitted or incorrect bylines will be charged according to the current price list.
3. Reporting of Image Usage, Prices and Payment Terms
The Customer must provide Bildbyrån with a complete and accurate report of how the image or images will be used. Before an image is used, the method of use and other information (size, edition, time period, etc.) must be specified. When requesting a quote, the use confirmed to the Customer applies. When downloading via the digital archive and manually delivering images, the report of use must be made within ten (10) days of the download or order. If no report is made, an image that has been downloaded is considered to have been used. If the use of an image is not reported within the prescribed time or is reported incorrectly, a special fee will be charged according to the current price list. When requesting a quote and otherwise when a special agreement is made, the agreed price will be charged. Use of an image outside of Sweden requires a special, written agreement. The invoice is due for payment twenty (20) days after the invoice date. Late payment interest is charged according to the Interest Act and VAT is added to all prices. The Customer is always responsible for specifying the correct invoice recipient.
4. Rights and Restrictions
The Customer receives a non-exclusive right of use for one-time use that may not be transferred. The images may not be transferred or leased, rented, distributed or reproduced, unless otherwise expressly stated in the agreed right of use. The Customer is responsible to Bildbyrån for publication and other use of the images. Bildbyrån reserves the right to block the Customer from continued access to the digital image archive and use of images.
5. Comp License
The Customer may download watermarked composite images from Bildbyrån’s digital image archive, but only for testing or to produce samples (demo) for a period of no more than 30 days after download. However, the material may not be used in any final material or material available to the public unless the Customer purchase a license.
6. Processing of Images
Processing, manipulation, montage, retouching or other changes to images – beyond normal editing that does not in any way change the content of the image – may not be done without written permission from Bildbyrån. Responsibility for and any claims for damages due to such unauthorized use of images rests entirely with the Customer.
7. Storage
Bildbyrån’s images may be stored digitally, but not for any other purpose or for a longer period than is necessary for the agreed use. After the single use has ended, the digital image files must be deleted. When republishing an image, it must be downloaded or ordered for delivery again.
8. 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 their prior consent. The responsibility for obtaining such consent rests entirely on the Customer. If another copyright owner’s work, trademark or other intellectual property right appears on a picture, the Customer 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 Customer is liable for any damages. The same applies if the use of the image violates the author’s copyright.
9. No Unlawful Use
The Customer may not use Bildbyrån’s images in a manner that is pornographic, defamatory or otherwise unlawful, to advocate violence or hatred, or in violation of applicable rules (for sports-related material, any restrictions issued by a league or sports federation).
10. No Use of AI, Machine Learning or Biometric Technology
Unless expressly approved in writing by Bildbyrån, the Customer may not use images or their attached information (captions, keywords or other metadata) for any machine learning and/or AI purposes or for any technology designed or intended for the identification of natural persons.
11. No NTF Use
Unless expressly approved in writing by Bildbyrån, the Customer may not use images in connection with an immutable digital asset intended for sale or other form of distribution (such as a non-fungible token).
12. 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).
13. Law
Swedish law applies to this agreement. Disputes at first instance shall be reviewed by the Stockholm District Court.