General terms and conditions of the licence
Herewith are the general terms and conditions (hereinafter also referred to as the ‘General Conditions’) of the licence for use (according to the terms of the specific type of licence purchased) of the photographs, illustrations, vector and didactic files, videos and other audiovisual representations (individually and collectively hereinafter also referred to as the ‘Content’) available on the website www.nature-microscope-photo-video.com (hereinafter also referred to as the ‘Site’), referring, for example and without limitation, to content related to “nature-microscope-photo-video di Perico Luigi” (with registered office in Via Carlo Nembrini 6 - 24027 Nembro BG, ITALY – Tax and VAT Code IT04187010162) (hereinafter also referred to as ‘ NMPV’), stipulated between the latter and the user of the Site (hereinafter also referred to as the ‘User’).
By purchasing the licence, the User accepts, wholly and as specifically provided for the type of licence purchased, the following General Conditions.
The User is invited to carefully read and to print a copy of these General Conditions and/or store them on a durable storage medium before proceeding with any further purchase. In any case, any purchase under the operating procedures of the Site implies that the General Conditions are given as read.
1. Registration on the Site
1.1 In order to purchase a licence for the Content, the User must register on the Site.
1.2 Registration on the Site is free of charge. In order to register, the User must complete the registration form available on the relevant page of the Site with all the required information, including, in particular, his/her name and surname, as well as an e-mail address and a password (hereinafter also referred to as the ‘Registration Credentials’). The registration is confirmed by e-mail sent to the address provided by the User.
1.3 The registered User can at any time update and/or modify his/her registration by accessing, via his/her Registration Credentials, the ‘Account informations’ section. Registration can be cancelled by the user by sending a request to firstname.lastname@example.org .
1.4 The User acknowledges that the Registration Credentials provided during the registration process are complete, correct and truthful. The Registration Credentials must be used exclusively by the User and may not be transferred to any third party. Therefore, all operations made on the Site via the Registration Credentials are considered to be effectuated by the User to which the Recognition Credentials refer.
1.5 The User agrees to hold harmless and indemnify NMPV of any liability and/or sanction and/or damage in relation to NMPV and/or any third parties arising out of and/or in any way connected with any violation by the User of the regulations concerning registration on the Site, including those provided for by this document, and/or, in any event, which may be attributable to any improper use, including by third parties, of the Registration Credentials. The User, in the event of any suspicion of illicit use by any third party of his/her Registration Credentials, is required to inform NMPV without delay by e-mail to email@example.com .
1.6 NMPV reserves the right to refuse, at its sole discretion, registration on the Site by the User and/or to suspend and/or cancel a registration already effectuated in the event that any operations are found to be anomalous in relation to the quantity or quality of licences purchased or the frequency of purchases made on the Site and, more generally, in the event of any violation by the User of these General Conditions or of applicable provisions of law.
2. Purchase of the Licence
2.1 The purchase of one or more licences relating to the Content available on the Site is effectuated electronically in accordance with the following procedure:
(a) The User must select the type of licence he/she intends to purchase in relation to the specific Content via the appropriate command. The user-selected licences, with a summary of all relevant information, can be viewed in the ‘Shopping Cart’ section, which the User can access via the appropriate command. Within the ‘Shopping Cart’ section, the User can identify and correct any selection mistakes via the appropriate commands. The User is invited to verify the correctness of the content of the ‘Shopping Cart’ section before proceeding with the purchase;
(b) The contract is concluded once the User proceeds with the purchase by selecting the appropriate command in the ‘Shopping Cart’ section and by paying the full amount (including VAT) indicated therein, accepting these General Conditions and the immediate execution of the contract in accordance with the following Article 2.2;
(c) Upon confirmation of the purchase, NMPV shall send the User an e-mail containing a summary of the purchase made. It is recommended that the User print a copy of the received e-mail and/or store it on a durable storage medium.
2.2 At the time of purchase of the licence, the User expressly requests and accepts the execution of the contract via immediate download and access to the Content that is the subject of the licence purchased, for which, pursuant to Article 59, Letter o) of Legislative Decree no. 2006/2005 (also known as the ‘Consumer Code’), the User expressly renounces the right of withdrawal provided for in Article 52 of the same decree.
3. Fee and Method of Payment
3.1 The fee for the purchase of the licence is indicated on the Site in the pages detailing the Content available for each different type of licence that can be purchased. In any case, the licence fee is paid by the User as a one-off payment.
All prices on the Site are expressed in Euros (€) and are not inclusive of VAT. NMPV reserves the right to change these prices at any time and at its own discretion, provided that any changes shall not have an effect on contracts already concluded.
3.2 Payment of individual Content licence fees is to be made exclusively via the PayPal or Stripe platform. For more information on these payment systems, please see the individual terms and conditions of the PayPal and Stripe platforms (consultable at www.paypal.com/webapps/mpp/ua/useragreement-full and stripe.com/payment-terms/legal respectively). The above is without prejudice to the opportunity for a User intending to purchase more than 50 licences to contact NMPV in order to agree separately on a different payment method, for example and without limitation, by bank transfer.
3.3 In order to issue a purchase invoice, the User must make a specific request by selecting the appropriate option when purchasing the licence and by providing the necessary data.
4. Use of the Content - NMPV Licence Types
4.1 With the purchase of the licence, NMPV grants the User for a term of 10 (ten) years a non-exclusive, non-transferable and non-sublicensable (except as specified in the following Article 4.2) right to download from the Site and use the Content, authorizing its reproduction and dissemination by any means (digitally, also online, including the internet, on print medium and/or other media, in accordance with the terms and the limits of the type of licence purchased and except for specific prohibited uses as indicated in Article 4.5 of these General Conditions.
4.2 NMPV authorizes the User to allow the use of the licensed Content by third parties, such as employees, contractors, suppliers, subcontractors and/or distributors (i.e. printers, publishers, etc.) for the sole purpose of the realization of the process of reproduction, publication and/or dissemination related to the use of the Content by the User himself/herself. The User warrants that such third parties are bound by the terms and conditions of use of the Content provided for by these General Conditions as applicable to them.
4.3 The types of NMPV licence purchasable by the User as individually defined in relation to the specific Content are:
(a) Standard Licence: allows the use of the licensed Content limited to a single reproduction of the Content itself. In particular, the licence is limited to publishing once in a single newspaper or edition of a publication, such as a pamphlet, presentation, book, encyclopaedia, or other editorial project or insertion once in a single web site, video, film or other multimedia production, in one language, broadcast exclusively in one state and for one copy run (where applicable) not exceeding a total of 500,000 copies. In any case, use of Content for the realization of the covers of paper, digital, CD or DVD publications or other types of digital or analogue recording media, as well as use for advertising purposes, is excluded.
(b) Royalty free licence: allows the use of the licensed Content without limitation on the number of reproductions. In any case, use of Content for the realization of the covers of paper, digital, CD or DVD publications or other types of digital or analogue recording media, as well as use for advertising purposes, is excluded.
(c) Cover or Advertising Use Licence: this is a Standard Licence with the inclusion of the right to reproduce the licensed Content for the realization of the covers of paper, digital, CD or DVD publications or other types of digital or analogue recording media, as well as use for advertising or promotional purposes, for one copy run (where applicable) not exceeding a total of 1,000,000 copies.
4.4 Upon expiration of the licence, or, in any case, once exhausted the use of the Content within the limits permitted by the type of licence purchased in accordance with Article 4.3 above, the User shall, within 15 (fifteen) days, permanently eliminate or delete the licensed Content from any storage media or destroy the Content containing media itself.
4.5 Any use of the Content by the User beyond and/or different from that provided for, taking into account the type of licence purchased, by the previous Articles 4.1 to 4.3 inclusive is to be assumed prohibited, except under express prior written permission of NMPV.
It is expressly forbidden to use the Content of the licence granted by NMPV:
(a) Contrary to law and, in particular, in contexts which may be deemed defamatory, pornographic, paedophile, deceptive or, in any case, offensive or obscene, or in violation of applicable law concerning industrial or intellectual property, unfair competition or privacy;
(b) As a standalone file, for resale as such to third parties or, in any case, to allow third parties to access, download, extract or redistribute the Content separately from editorial or multimedia products incorporating the Content realized by and/or for the User, except as provided for under Article 4.2 above.
(c) For copying or editing: In particular, the User may not copy the Content (save a back-up copy) or process or edit the Content, except for the editing requirements strictly necessary for the purpose of publishing, displaying, implementing use and/or synchronizing the Content. The User is also prohibited from modifying the information and/or metadata contained in the licensed Content files and shall adopt and maintain appropriate security measures to avoid any such modification by third parties.
Reproduction of single frames and/or parts of a video or other type of audiovisual representation is only permitted for the promotion or advertising of the product incorporating the Content in its entirety.
4.6 The User is solely responsible for any use of the Content that does not comply with law or these General Conditions.
In the event of any use of the Content by the User in violation of the provisions herein, NMPV reserves the right to terminate the contract by sending the User a written notification to this regard. From the moment of receipt of said notification, the User shall immediately:
(a) Cease all use of the Content;
(b) Delete all electronic files containing the Content from any storage media or destroy the Content containing media itself;
(c) Remove or see to the removal of the Content from any media or multimedia platform or internet site on which it is reproduced;
(d) Withdraw and destroy the publication, editorial or multimedia products containing the reproduced Content;
confirming, if so requested, to NMPV, in writing, to have complied with the foregoing.
4.7 Any unauthorized use of the Content under these General Conditions constitutes a violation of the rights of NMPV in relation to the Content and implies the application of a penalty to be charged to the User equal to 20 times the price of the purchased licence, subject to the right of NMPV to claim further compensation for any damages caused by the User.
4.8 Subject to the provisions of the above Article 4.7, the User agrees to hold harmless and indemnify NMPV of any damages and/or liability in relation to third parties arising from any use of the Content by the User not conforming to the provisions of these General Conditions.
5. Intellectual Property Rights - Attribution of Credit
5.1 All rights relating to the Site, to trademarks, to logos and/or to other distinctive signs used on the Site and in the Content are the exclusive property of NMPV. The Content is provided to the User with the indication of NMPV as the holder of all economic exploitation rights concerning the Content and of its creation date listed among the properties and/or metadata of the respective file.
5.2 In relation to the Content, the User is only entitled to the use rights corresponding to the type of licence purchased. All rights not expressly granted to the User are exclusively reserved to NMPV.
5.3 In relation to any use of the licensed Content, the User is required to indicate the respective credit to the original author, in particular:
(a) For Content such as photographs, illustrations, vector and didactic files , alongside the reproduction of the Content or (if any) in the Content colophon or credits section of the publication, the User must display the words “Image provided by nature-microscope-photo-video”. Such indication shall be of a size, colour and visibility such as to be clearly legible to the naked eye;
(b) For Content such as video or other type of audiovisual representation , when used in any audiovisual reproduction where credits are recognized to other audio-video material providers, the User must display the words “Content provided by nature-microscope-photo-video” in an indication of a size and positioning comparable to those of credits attributed to the other providers.
Any further and/or different use by the User of the naming, trademarks, logos and/or other distinctive signs of NMPV is prohibited, subject to express prior written consent by NMPV.
5.4 NMPV makes every reasonable effort to properly realize the Content and categorize it by attributing relevant keywords, captions, titles and/or descriptions. It is acknowledged that NMPV does not guarantee and assumes no responsibility as to the accuracy of such information and/or any other Content-related information or to any compliance of the Content with the specific use of the Content intended by the User.
6.1 Authorization to Process the Personal Data of the User: At the time of purchase of the licence and upon receipt of the relevant notification (in any case consultable on the Site of NMPV at the following link www.nature-microscope-photo-video.com/privacy), the User authorizes NMPV to process his/her personal data pursuant to Legislative Decree 196/2003 for the purposes of the application of these General Conditions.
6.2 Partial Invalidity: If any clause of these General Conditions should be deemed null, voidable, ineffective and/or more generally invalid, such quality shall not imply the nullness, voidability, ineffectiveness or invalidity of the other clauses or provisions of these General Conditions, which shall continue to have full vigour and effectiveness.
6.3 Waiver: Any eventual tolerance by one party to conduct of the other party committed in violation of the provisions of these General Conditions shall not constitute a waiver of the rights deriving from the violated provisions or of the right to demand the exact fulfilment of the same provisions.
6.4 Modifications to the General Conditions: These General Conditions may be modified at any time by NMPV. Any modifications and/or new terms and/or conditions shall be effective as soon as they are published in the relevant section of the Site of NMPV, although they shall not apply to contracts already concluded which are regulated by the General Conditions in force at the time of purchase of the licence by the User. The User of the Site is invited to verify the applicable General Conditions in force before proceeding with any purchase.
6.5 Communications and Claims: Any communication and/or claim from the User must be sent to NMPV by email to the address firstname.lastname@example.org .
Communications to be sent to the User shall be transmitted by NMPV to the e-mail address indicated at the time of registration to the Site.
6.6 Language: The service provided by the Site and these General Conditions are available in Italian and in English via selection using the appropriate button. In case of any inconsistency and/or discrepancy between the two texts, the Italian version shall prevail.
6.7 Jurisdiction, Applicable Law and Reference Court: The contractual relationship between NMPV and the User is subject to Italian jurisdiction and is governed by and must be interpreted in accordance with Italian law, which shall be referred to for anything not expressly provided for in these General Conditions.
Any dispute concerning individual contracts concluded and/or these General Conditions shall fall under the sole authority of the Court of Milan, subject to any other legally binding jurisdiction.
6.8 Dispute Resolution Entities: In accordance with Article 14 of EU Regulation 524/2013, the User is informed that, in the event of any dispute, he/she is entitled to file a complaint via the European Union Online Dispute Resolution platform to be found at the following link ec.europa.eu/consumers/odr/.
Last update: February 19, 2018