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Terms

  **By signing up you agree to our terms and conditions (please read!)*

Terms of Use & Disclaimer


Last updated: 28 July, 2008


1. Changes to Terms of Use
2. Ownership of the Website and TypicalMedia Content
3. The use of this Website
4. Access to Website
5. Registering for a TypicalMedia Account
6. Amendments to the Website
7. Use of Images - Use of Watermarked Images for comping
8. Uploading Images
9. Forums/Interactive Areas
10. Termination
11. Refund policy
12. Privacy Policy
13. Copyright Infringement Notification
14. Trademarks
15. Links
16. Third Party Web Sites
17. International Users
18. Indemnification
19. Disclaimer
20. Limitation of Liability
21. Applicable Law
22. Termination
23. Miscellaneous Provisions

PLEASE READ THIS SITE USAGE AGREEMENT CAREFULLY. THE FOLLOWING IS A LEGAL AGREEMENT BETWEEN YOU AND THE OWNERS AND OPERATORS OF WWW.TYPICALMEDIA.COM/.EU/.NL ("WEBSITE"), TYPICALMEDIA ("TYPICALMEDIA", "WE"). BY ACCESSING OR USING THE WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.


These terms and conditions of use ("Terms of Use") apply to your use of this website ("Website"), and do not alter in any way the terms or conditions of any other agreement you may have with TypicalMedia, affiliates or its subsidiaries. If you are using this Website on behalf of any entity, such as an employer or client, you represent and warrant that you are authorized to accept these Terms of Use Terms on such entity's behalf, and that such entity agrees to indemnify TypicalMedia for violations of these Terms of Use.


1. Changes to Terms of Use
TypicalMedia reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Details on updates can be found at the beginning of this document. Any changes will be effective immediately upon posting on the Website. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, TypicalMedia grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.


2. Ownership of the Website and TypicalMedia Content
This site is owned and operated by TypicalMedia. Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, data, graphics, photographic images, illustrations, moving images, software, and the selection and arrangement thereof (collectively the "TypicalMedia Content"), are the property of TypicalMedia, its licensors (i.e. photographers), or third parties.


All elements of the Website, including the TypicalMedia Content, are protected by Dutch and international copyright laws, trademark, moral rights and other laws relating to the protection of intellectual property.


Content may be provided by a third party (“Third Party Content”). TypicalMedia offers no guarantees and assumes no responsibility or liability of any type with respect to Third Party Content, including any liability resulting from incompatibility between Third Party Content and Content provided by TypicalMedia. You agree that you will not hold TypicalMedia responsible or liable with respect to Third Party Content or seek to do so. Your use of Third Party Content is governed solely by the respective end user license agreement associated with such Third Party Content if such content is available on the licensing section of the Website.
All rights not specifically granted under these Terms of Use are reserved to TypicalMedia.


3. The use of this Website
This Website and the TypicalMedia Content are intended for customers of TypicalMedia. You warrant that you are of legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You agree that you are responsible for all of your use of the site including for the use of your account by others.


Minors and children (persons under the age of 18) are not eligible to use the Website unsupervised and we ask that minors and children do not register for an account or submit any personal information to us. By using this Website unsupervised, and/or registering for an account or purchasing a license to any content on the Website, you warrant that you are 18 years of age or older.


4. Access to Website
You may not use this Website or the TypicalMedia Content for any purpose not related to your business with TypicalMedia. You are specifically prohibited from:

  • downloading, copying, or re-transmitting any or all of the Website or the TypicalMedia Content without, or in violation of, a written license or agreement with TypicalMedia;
  • using any data mining, robots, crawling techniques or similar data gathering or extraction methods;
  • manipulating or otherwise displaying the Website or the TypicalMedia Content by using framing or similar navigational technology;
  • registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any TypicalMedia product or service if you are not expressly authorized by such party to do so; and
  • using the Website or the TypicalMedia Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.


TypicalMedia may immediately terminate all licenses granted to you without notice if you fail to comply with any provision of this agreement or with TypicalMedia’s Standard Terms and Conditions applicable to your use. If a license is terminated, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies, or at TypicalMedia’s request return all such copies to TypicalMedia. Your use of this site and any Images shall comply with all applicable laws and regulations. TypicalMedia may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from TypicalMedia.


Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by TypicalMedia or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.


5. Registering for a TypicalMedia Account
To obtain access to our Images as well as upload any Images, you have to apply for a TypicalMedia account and you agree to provide complete, true and accurate information. TypicalMedia reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using your username and password.


You are responsible for maintaining the confidentiality of your username and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify TypicalMedia of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images and/or products purchased by others using your account, with or without your permission or knowledge prior to the time that you notify TypicalMedia of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any TypicalMedia account or website or related services.


6. Amendments to the Website
You agree and acknowledge that TypicalMedia may modify any or all of the Website at any time and that the Website, including without limitation any sites associated thereto, may periodically be unavailable to you in order to allow for maintenance and updates.


7. Use of Images - Use of Watermarked Images for comping
The Website contains images both with and without a visible watermark. "Images" include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images ("Watermarked Images") or higher resolution non-watermarked Images ("Non-Watermarked Images").


Conditional upon your compliance with this Agreement, TypicalMedia grants you a limited license to download low resolution Watermarked Images solely for evaluating/comping, to test if they suit your purposes. You are not allowed to use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, TypicalMedia grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image. You must replace these Watermarked Images with Non-Watermarked Images in the final work.


Use of Non-Watermarked Images is governed by the Image License Agreement. Its terms are made a part of these Terms of Use by this reference.


8. Uploading Images
As a member of the site you may authorize TypicalMedia to offer your own Images for download. The terms that govern Image uploads can be found in the Upload Agreement. Its terms are made a part of these Terms of Use by this reference.


9. Forums/Interactive Areas
This Website includes discussion forums and other interactive areas or services, including blogs, bulletin boards, message boards, public profile pages, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website ("Interactive Areas").

You agree not to upload to, distribute or otherwise publish through this Website any content which is unlawful, defamatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, national or international law. On this Website you shall not, without the express written approval of TypicalMedia, distribute or publish promotions, advertising or solicitations for funds, goods or services.


You shall remain solely responsible for the content of any messages or other information posted by you on the Website and use Interactive Areas at your own risk. TypicalMedia takes no responsibility and assumes no liability for the content of posted or uploaded material.


TypicalMedia may, but is not obligated to, monitor or review (i) any areas on the Website where users transmit or post submissions, including but not limited to discussion forums or other interactive areas, such as public (user) profiles, and (ii) the substance of any submission. Although it is not TypicalMedia’s intention to do so, TypicalMedia reserves the right, in its sole discretion, to delete or remove submissions or any other content available through forums or interactive areas, such as public (user) profiles, and to restrict, suspend, or terminate your access to all or part of this Website, at any time without prior notice or liability. In addition TypicalMedia reserves the right, in its sole discretion, to remove, edit or to block or restrict future access to any material posted by you that is determined to be unlawful, harmful, offensive or otherwise inappropriate.


10. Termination
Both parties can terminate your membership account for any reason with a written notice and proof of identity. Upon termination TypicalMedia removes all your Images from the Website. You acknowledge that if your member account was terminated by TypicalMedia because of copyright infringement or other kinds of serious - or even malicious - acts, your earnings and download rights will be confiscated.


11. Refund policy
You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request and your TypicalMedia username.

If you have downloaded an image that has technical flaws please contact us for a refund. If you are not able to download an image, we will make a refund, provided that TypicalMedia determines that you have been unable to download the image successfully. Downloads are not refunded if more than 7 days from the download date have passed.


12. Privacy Policy
TypicalMedia’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. TypicalMedia is committed to protecting your privacy. Please consult TypicalMedia’s Privacy Policy for specific information on TypicalMedia policies for use of your personal information.


13. Copyright Infringement Notification
While the responsibility for the Images uploaded is entirely on the Image Providers’ (photographer) side, he/she being the one who holds all copyrights over the content submitted, we do our best to identify and solve any copyright or trademark infringements. TypicalMedia may terminate the accounts of users who infringe the intellectual property rights of TypicalMedia or any third party.


If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on TypicalMedia’s Website, you may file a notification of such infringement with our Legal Departement:

TypicalMedia
T.a.v. Legal Department
P.O. Box 256
7550 AG HENGELO OV
The Netherlands


14. Trademarks
The trademarks, services and logos used and displayed in TypicalMedia.com/.eu/.nl are registered and unregistered trademarks of TypicalMedia and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TypicalMedia or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "TypicalMedia" or any other name, trademark or product or service name of TypicalMedia without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, buttons, icons and scripts, is the service mark, trademark and/or trade dress of TypicalMedia and may not be copied, imitated or used, in whole or in part, without our prior written permission.


All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.


15. Links
As a convenience, our site may link to other sites that may be of interest to you but are not under TypicalMedia's control. These links do not imply endorsement by TypicalMedia and we are not responsible for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Website, or websites linking to the Website. When you leave the Website, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.


Your participation, correspondence or business dealings with any third party found on or through the Website, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that TypicalMedia shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.


16. Third Party Web Sites
This site links users to sites not maintained by TypicalMedia. You are advised that any use of a linked web site and any use of or reliance upon Third Party Content (including products and services) available at such sites is solely at your own risk. In providing links to the other sites, TypicalMedia is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. TypicalMedia cannot and does not make any representations or warranties with respect to any Third Party Content (including products and services) available through these links and disclaims all liability relating to your use of or reliance upon any Third Party Content (including products and services) available at or through such sites and disclaims any opinions expressed on such web sites. Links to other web sites or references to Third Party Content (including products and services) or publications other than those of TypicalMedia do not imply the endorsement or approval of such web sites, Third Party Content (including products and services) or publications by TypicalMedia.


17. International Users
The Website can be accessed from countries around the world and may contain references to content, including products and services, that are not available in your country. These references do not imply that TypicalMedia intends to market, promote, or distribute such content, including products and services, in your country.


The Website is controlled, operated, and administered by TypicalMedia from its office within the Netherlands. TypicalMedia makes no representation that the Website, or the TypicalMedia Content available therein, are appropriate or available for use at other locations outside the Netherlands, and access to the Website from countries or territories where the Website or any of its Contents are illegal is prohibited. If you access the Website from a location outside the Netherlands, you are responsible for compliance with all local laws.


18. Indemnification
You agree to indemnify, defend and hold harmless TypicalMedia, its subsidiaries, affiliates, licensors, employees, directors, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees and expenses) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Website, your conduct, your use or inability to use the Website, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the TypicalMedia Content and/or Images, or your violation of any rights of another.


19. Disclaimer
THIS WEBSITE AND THE TYPICALMEDIA IMAGES ARE PROVIDED "AS IS" AND TYPICALMEDIA AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, INDEPENDENT CONTRACTORS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. TYPICALMEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE IMAGES, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT TYPICALMEDIA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE TYPICALMEDIA IMAGES. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE IMAGES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.


TypicalMedia uses reasonable efforts to ensure the accuracy, correctness and reliability of the Images, but we make no representations or warranties as to the Images's accuracy, correctness or reliability. TypicalMedia offers a search feature within the Website. TypicalMedia explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. TypicalMedia also disclaims any responsibility for the completeness or accuracy of any directory or search result. Some countries and American states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.


20. Limitation of Liability
IN NO EVENT SHALL TYPICALMEDIA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE TYPICALMEDIA IMAGES OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TYPICALMEDIA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TYPICALMEDIA'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TYPICALMEDIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TYPICALMEDIA FOR ACCESS TO OR USE OF THE WEBSITE.


21. Applicable Law
The law of the Netherlands shall be applicable.
The parties may agree a different form of dispute resolution such as arbitration or mediation.


22. Termination
Notwithstanding any of these Terms of Use, TypicalMedia reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Website.


23. Miscellaneous Provisions
Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by TypicalMedia. If any clause in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.


Questions and Contact Information
Questions or comments about the Website or Terms of Use may be directed to TypicalMedia at legal @ typicalmedia.com.


Copyright Notice
Copyright © 2005-2008 TypicalMedia. All rights reserved.


 

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