Terms of Use

Last updated 26 December 2018

Introduction

Please note that we recommend to read our Terms of Use before purchasing and downloading one or more images from our online shop. These Terms of Use are in place for protection of our and your interests related to your use of the downloaded images. You agree to abide by and be bound by these Terms of Use. You are also bound by these Terms of Use when using the embedded image viewer on our website.

At this date, 26 December 2018, we are selling downloadable files only through this website but there could come a moment in time when we would like to expand to perhaps mobile applications. Then, and in other circumstances that our services are expanded, we will update our Terms of Use and the user will again be bound by these Terms of Use for all the mentioned applications.

Of course, you are free to not want to be bound by our Terms of Use. In that case we advise you to not use this website.

By agreeing to our Terms of Use, you state and warrant that you are 18 years old or over and are legally able to agree with and accept our Terms of Use. If you are younger than 18 years old, you must be represented and assisted by a parent or guardian in order to agree to these Terms of Use and to use our services.
Please note that if you represent another person, an advertising agency, a publisher or any other entity, you declare and warrant that you have full authorisation to agree with and accept our Terms of Use.
By accepting our Terms of Use, you declare that neither you, nor the entity you represent, will ever hold Fine Arts Productions John van Helvert, or any employee working for Fine Arts Productions John van Helvert, legally responsible for the consequences of misuse of our images.
In our Terms of Use is explained how you may use our images and which limitations apply to that use. By accepting our Terms of Use you declare that you understand their content and that you commit to do everything within your power to avoid any violation of these Terms of Use.

If you have any questions about these Terms of Use, please contact us.

1. Your privacy

Your privacy is the number one priority and obligation of Fine Arts Productions John van Helvert. Under the new European GDPR law (Dutch: AVG), that came into place on 25 May 2018, we are committed to protect the privacy of all our present and future clients. This is further explained in our Privacy Policy. Before using our website and making a purchase in our online shop, we strongly recommend to carefully read this Privacy Policy as well so that you know and understand its content. This Privacy Policy is written in your interest and by the AVG/GDPR law, you need to agree to the way we handle all personal information that is shared with us.

2. Copyright notice

Fine Arts Productions John van Helvert is the owner of all copyrights of the pictures for sale in the online shop, as well as all other pictures published on this website (unless mentioned otherwise). Fine Arts Productions John van Helvert and Squarespace are the sole owners of all copyrights concerning this website, the online shop, including all trademarks visible on our website and online shop, its exclusive layout and all software needed to run this website and the online shop. This website, its content, the online shop, the software needed to run the website and online shop, and all the trademarks visible on our website and online shop are also protected by all other laws involving intellectual property.

3. Use of this website and online shop

The viewing of our website and its content is for your information only, for getting to know the work of John van Helvert and to gain an in-depth view of his projects. You may not copy any written information, images, or other content without exclusive permission from Fine Arts Productions John van Helvert.
After you have decided to purchase and download one or more images from our website you agree in full that you are responsible for handling this image, or these images, with extreme care.
After purchase, the low resolution images are for use as a wallpaper or screensaver on laptops, mobile devices and stationary (larger/desktop) displays.
After purchase, the images that are downloaded for editorial use are for just that: onetime use in editorial articles, either in print or on a website.
After purchase, the high resolution images are for private use only: to make a high quality print for display in your house or in a business space such as an office.
It is not permitted to make any image(s) publicly accessible, e.g. for display in a hall or museum and the like without explicit and written permission of Fine Arts Productions John van Helvert.
It is not permitted to remarket and/or resell any image(s) for personal financial gain.
If you want a repeated use of one or more purchased image(s), you can contact us. Tell us your wishes for re-use and we can make you a special offer.
After downloading one or more images from this website, you may only use them for their originally intended purpose. All images and website content are protected by copyright laws. Misuse will be treated as a copyright infringement and appropriate action will be taken. Misuse is for example using one or more pictures in a totally different context.
It is also strictly prohibited to use modern electronic techniques such as, but not limited to, extraction methods with the use of robots, data mining, reverse engineering or some kind of framing or other navigational technology to use this website and online shop for purposes other than the original goals as defined by Fine Arts Productions John van Helvert.
By using this website and online shop you declare that you will respect and abide by all the copyright and other laws involved with international data transportation throughout the Internet and email communication, not limited to any country in the world.
By using our website and online shop you agree to abide by all applicable laws without any limitation or exclusions.
If at any time during doing business with Fine Arts Productions John van Helvert there is a case of copyright infringement we have the full right to take legal action and terminate the relationship with a customer.

4. Payments and refunds

When purchasing one or more images in our online shop, you agree to the Terms of Use and Privacy Policies of our payment processors, PayPal and Stripe, in order to use a chosen method of payment.
Depending on your location, extra fees for taxes, foreign exchanges, customs and/or fees related to the use of a debit or credit card may apply. This is your own responsibility.
Purchases made by you are non-refundable, except when required by law.

5. The accurateness and security of your registered data

When you use our online shop you agree to provide your latest accurate and complete information needed to complete the financial part of the download process. We also need a current and liable email address in order to reach out to you if necessary at some point in this process.
Please read all the Terms of Use carefully and realise that once you have completed the purchase and download there will be no refund thereafter.
By completing the purchase and download we assume that you have read and accepted our Terms of Use and our Privacy Policy.
Of course it is always possible to contact us with any questions concerning the purchased and downloaded image(s). You can do this through the contact page on our website.
Even though we have your privacy as our number one priority, by using our website and online shop you accept that you are still responsible for all risks of unauthorised access to all the information that you have provided to us and/or to the payment processors.

6. Indemnification

Some of the images available for purchase and download in our online shop show people, situations, landscapes and cityscapes. Upon purchase, all these images can be once used editorially without any limitations for visually supporting a written article like a travel reportage. Neither are there limitations in that respect for using the purchased image(s) for onetime fine art printing to display in your home or office. However, by purchasing and downloading the image(s) from our online shop, you declare that you will not change the original context when you use, print or publish these images.
You also declare that you will not use, print or publish our images commercially in any way, not in publications nor on the Internet or any other means of commercially making an image public.
You also declare that you will not resell our images.
The above applies to all three image resolutions available for purchase and download.
By accepting our Terms of Use you agree to defend, indemnify and hold harmless Fine Arts Productions John van Helvert against any claims, liabilities, costs, attorney’s fees and damages arising from the (mis)use of the images you have purchased and downloaded from our website.

7. Disclaimer

If you use our website and online shop, this will be at your own risk. Fine Arts Productions John van Helvert will not be liable from any kind of damages arising from your use of our website, online shop or the purchased images.
When purchasing and downloading an image from our online shop it is your responsibility to have a good Internet connection. Fine Arts Productions John van Helvert cannot be held responsible at any time for interruptions in the download process due to a poor Internet connection.
Even though we have a high level of security in place we cannot guarantee that our website and online shop is 100% free of viruses. It is your own responsibiliy to take the necessary precautions that your own Internet connection is secure and free of viruses.
By accepting our Terms of Use you declare that you agree that Fine Arts Productions John van Helvert is not liable for any kind of damages arising from possible viruses affecting your Internet connection.

8. Applicable law and venue

If at any point in the (near) future there is a dispute related to the use of our website and/or online, for example (but not limited to) violation of the copyright of Fine Arts Productions John van Helvert, you fully agree and accept that this dispute will be submitted to confidential arbitration in The Hague in the Netherlands.
In the circumstance that a dispute moves into a lawsuit, by accepting the Terms of Use of our website and online shop you agree that such a lawsuit will be conducted under the jurisdiction of Dutch law.
We at Fine Arts Productions John van Helvert have reserved our right, without any notice and at our discretion, to block your use of our website and online shop.

9. Amendments

Fine Arts Productions John van Helvert has reserved all rights to change and adjust any of our Terms of Use at any time. We update these Terms of Use by publishing a new version on our website.
At the top of this page we will always state when we have last updated our Terms of Use.
Any published changes to our Terms of Use will be effective immediately.
You should check this page occasionally to ensure you are happy with any changes to this policy.
We may notify you of changes to these Terms of Use by email.

10. Contact

If you have any questions or comments regarding our website and/or online shop, please contact us.